VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01461
Package ID: USCOURTS-cofc-1_15-vv-01461
Petitioner: Odolphine Nored
Filed: 2015-12-03
Decided: 2016-05-24
Vaccine: influenza
Vaccination date: 2014-10-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105283

AI-assisted case summary:
Odolphine Nored filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2015, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 21, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 1, 2016, conceding that Ms. Nored's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent also stated that no other causes for the SIRVA were identified and that the records showed the injury had persisted for more than six months. Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 2, 2016, finding Ms. Nored entitled to compensation. Subsequently, on April 11, 2016, the respondent filed a proffer on award of compensation, stating that Ms. Nored should be awarded $105,283.27, representing all elements of compensation to which she would be entitled under the Act. The petitioner agreed with this proffered award. On May 24, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Nored a lump sum payment of $105,283.27, payable to her. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Darryl Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Odolphine Nored alleged that an influenza vaccine administered on October 21, 2014, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for the SIRVA, stating no other causes were identified and the injury persisted for over six months. The case proceeded to an award based on this concession. The public decision does not name specific medical experts or detail the mechanism of injury, but the outcome was compensation for an "Off-Table" condition. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on March 2, 2016, and the damages decision on May 24, 2016. The award was a lump sum of $105,283.27, agreed upon by both parties. Petitioner was represented by Paul Brazil, and respondent by Darryl Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01461-0
Date issued/filed: 2016-05-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/02/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01461-UNJ Document 22 Filed 05/09/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1461V
Filed: March 2, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ODOLPHINE NORED, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 3, 2015, Odolphine Nored (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act” or “Program”). Petitioner alleges that as a result
of receiving an influenza (“flu”) vaccine on October 21, 2014, she suffered an injury to
her left shoulder. Petition at 1-3. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On March 1, 2016, respondent filed her Rule 4(c) report in which she concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent concluded that petitioner’s alleged injury is consistent with
shoulder injury related to vaccine administration (“SIRVA”), and that it was caused-in-
fact by the flu vaccine she received on October 21, 2014. Id. at 3. Respondent further
stated that she did not identify any other causes for petitioner’s SIRVA, and the records
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012)(Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01461-UNJ Document 22 Filed 05/09/16 Page 2 of 2
show that she has suffered the sequela of this injury for more than six months. Id.
Therefore, based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act. Id. at 4.
In view of respondent’s concession and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01461-1
Date issued/filed: 2016-05-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/12/2016) regarding 17 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
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Case 1:15-vv-01461-UNJ Document 27 Filed 05/24/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1461V
Filed: April 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ODOLPHINE NORED, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 3, 2015, Odolphine Nored (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleged that as a result of receiving
an influenza (“flu”) vaccine on October 21, 2014, she suffered an injury to her left
shoulder. The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On March 2, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
April 11, 2016, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $105,283.27. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:15-vv-01461-UNJ Document 27 Filed 05/24/16 Page 2 of 4
Based on the record as a whole, the undersigned finds that petitioner is entitled
to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $105,283.27 in the form of a check payable to
petitioner, Odolphine Nored. This amount represents compensation for all damages
that would be available under § 300aa-15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:15-vv-01461-UNJ Document 27 Filed 05/24/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
ODOLPHINE NORED, )
)
Petitioner, ) No. 15-1461V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 3, 2015, Odolphine Nored (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
October 21, 2014, she suffered a left shoulder injury related to vaccine administration
(“SIRVA”). On March 1, 2016, respondent filed her Vaccine Rule 4(c) report, conceding
causation-in-fact for petitioner’s SIRVA. On March 2, 2016, the Chief Special Master issued a
ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$105.283.27, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

Case 1:15-vv-01461-UNJ Document 27 Filed 05/24/16 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $105,283.27, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
VINCENT J. MATANOSKI
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: April 11, 2016 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2