VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01475
Package ID: USCOURTS-cofc-1_15-vv-01475
Petitioner: Laurie Simmon
Filed: 2015-12-07
Decided: 2017-10-25
Vaccine: influenza
Vaccination date: 2014-09-24
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 141666

AI-assisted case summary:
Laurie Simmon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the influenza vaccine on September 24, 2014. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner was entitled to compensation, believing the alleged injury was consistent with SIRVA caused by the flu vaccination and that petitioner met the statutory requirements for compensation. On April 22, 2016, the court issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, on March 23, 2017, respondent filed a proffer on award of compensation, recommending an award of $141,666.28. This amount represented $130,000.00 for past and future pain and suffering, $7,982.40 for past and future lost wages, and $3,683.88 for past unreimbursable medical expenses. Petitioner agreed with the proffered award. The court awarded Laurie Simmon a lump sum payment of $141,666.28.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01475-0
Date issued/filed: 2016-05-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/22/2016) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01475-UNJ Document 21 Filed 05/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1475V
Filed: April 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURIE SIMMON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
v. * Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 7, 2015, Laurie Simmon (“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 she
suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of
receiving the influenza vaccine on September 24, 2014. Petition at 1. Petitioner further
alleges that she has suffered the residual effects of her injury for more than six months
and that no lawsuit has been filed or settlement accepted by herself or anyone else for
her injuries. Id. at ¶¶ 16-17. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 21, 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
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-01475-UNJ Document 21 Filed 05/27/16 Page 2 of 2
at 1. Specifically, respondent indicates that she “believes that the alleged injury is
consistent SIRVA that was caused by the administration of petitioner’s flu vaccination.”
Id. at 3. Respondent further indicates that “petitioner meets the statutory requirements
by suffering the condition for more than six months . . . [and] has satisfied all legal
prerequisites for compensation under the Vaccine Act.” Id. (citations omitted).
In view of respondent’s concession and the evidence before me, I find 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-01475-1
Date issued/filed: 2017-10-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/23/2017) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01475-UNJ Document 51 Filed 10/25/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1475V
Filed: March 23, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAURIE SIMMON, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 7, 2015, Laurie Simmon (“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 she
suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of
receiving the influenza vaccine on September 24, 2014. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 22, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 18). On March 23, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
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-01475-UNJ Document 51 Filed 10/25/17 Page 2 of 4
awarded $141,666.28, representing $130,000.00 for past and future pain and suffering,
$7,982.40 for past and future lost wages, and $3,683.88 for past unreimbursable
medical expenses. Proffer at 1 (ECF No. 41). In the Proffer, respondent represents
that petitioner agrees with the proffered award. Id. 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 $141,666.28, representing $130,000.00 for past
and future pain and suffering, $7,982.40 for past and future lost wages, and
$3,683.88 for past unreimbursable medical expenses in the form of a check
payable to petitioner, Laurie Simmon. 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-01475-UNJ Document 51 Filed 10/25/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
LAURIE SIMMON, *
*
Petitioner, * No. 15-1475V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on April 22, 2016. Based upon the evidence of
record, respondent proffers that petitioner should be awarded compensation as follows:
$130,000.00, for past and future pain and suffering, $7,982.40 for past and future wages loss, and
$3,683.88 for past unreimbursed medical expenses. These amounts represent all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $141,666.28, in the form of a check payable to petitioner. Petitioner
agrees.
1 Should petitioner die prior to the 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, future lost earnings, and future pain and suffering.

Case 1:15-vv-01475-UNJ Document 51 Filed 10/25/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: March 23, 2017
2