VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01464
Package ID: USCOURTS-cofc-1_15-vv-01464
Petitioner: Jane Tougas
Filed: 2015-12-03
Decided: 2016-04-04
Vaccine: influenza
Vaccination date: 2014-11-19
Condition: left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Jane Tougas filed a petition for compensation on December 3, 2015, alleging a left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, as a result of an influenza vaccine administered on November 19, 2014. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and found the case compensable. On February 3, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Jane Tougas entitled to compensation. Subsequently, on April 1, 2016, the respondent filed a proffer recommending an award of $70,000.00, stating that the petitioner agreed with this amount. On April 4, 2016, Chief Special Master Dorsey issued a decision awarding Jane Tougas a lump sum payment of $70,000.00, payable to her, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by the petitioner, nor does it name any medical experts.

Theory of causation field:
Petitioner Jane Tougas alleged a left shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, following an influenza vaccine administered on November 19, 2014. The respondent conceded that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA), which is a condition covered under the Vaccine Injury Table. The case was found compensable based on this concession. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 3, 2016, finding petitioner entitled to compensation. On April 1, 2016, respondent filed a proffer recommending an award of $70,000.00, which petitioner accepted. On April 4, 2016, Chief Special Master Dorsey awarded Jane Tougas a lump sum of $70,000.00. Petitioner was represented by Paul R. Brazil, and respondent was represented by Linda Sara Renzi.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01464-0
Date issued/filed: 2016-05-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/03/2016) regarding 10 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01464-UNJ Document 20 Filed 05/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1464V
Filed: February 3, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE TOUGAS, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Adhesive Capsulitis;
AND HUMAN SERVICES, * Rotator Cuff Impingement Syndrome;
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 3, 2015, Jane Tougas 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 alleges that she suffered a left shoulder injury as a result of
an influenza (“flu”) vaccine administered to her on November 19, 2014. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On February 3, 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 states that “petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) and finds
the case compensable Id. at 1.
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-01464-UNJ Document 20 Filed 05/05/16 Page 2 of 2
In view of respondent’s concession and the evidence before me, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_15-vv-01464-1
Date issued/filed: 2016-05-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/04/2016) regarding 15 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01464-UNJ Document 23 Filed 05/19/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1464V
Filed: April 4, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE TOUGAS, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Adhesive Capsulitis; Rotator
AND HUMAN SERVICES, * Cuff Impingement Syndrome; Special
* Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 3, 2015, Jane Tougas (“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 she suffered a left
shoulder injury, including adhesive capsulitis and rotator cuff impingement syndrome, as
a result of an influenza (“flu”) vaccine administered to her on November 19, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On February 3, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On April 1, 2016, respondent filed a proffer on award of
compensation (“Proffer”) stating petitioner should be awarded $70,000.00. Proffer at 1.
In the Proffer, respondent represents that petitioner agrees with the proffered award.
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-01464-UNJ Document 23 Filed 05/19/16 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 $70,000.00, in the form of a check payable to
petitioner, Jane Tougas. 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-01464-UNJ Document 23 Filed 05/19/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANE TOUGAS, )
)
Petitioner, ) No. 15-1464V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that based on the evidence of record, petitioner should be
awarded $70,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); §15(a)(3)(B); and
§15(a)(4). Petitioner agrees.
II. Form of the Award:
The parties recommend that the compensation provided to Jane Tougas should be
made through a lump sum payment as described below, and request that the special
master’s decision and the Court’s judgment award the following:1
A lump sum payment of $70,000.00 in the form of a check payable to petitioner, Jane
Tougas. This amount accounts for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move
the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses and future pain and suffering.
1

Case 1:15-vv-01464-UNJ Document 23 Filed 05/19/16 Page 4 of 4
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/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4133
Dated: April 1, 2015
2