VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01480
Package ID: USCOURTS-cofc-1_15-vv-01480
Petitioner: Lou Ann Boersch
Filed: 2015-12-07
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2010-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Lou Ann Boersch filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2015, alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 24, 2010. She had previously filed a state court action for the same injuries, which was dismissed. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that the petitioner is entitled to compensation. The respondent stated that the evidence establishes the injury is consistent with SIRVA, not due to factors unrelated to the vaccination, and that the petitioner met all statutory and jurisdictional requirements, including suffering the condition for more than six months. Based on the respondent's concession and the record, the Chief Special Master found Lou Ann Boersch entitled to compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01480-0
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/08/2016) regarding 15 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01480-UNJ Document 18 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1480V
Filed: April 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LOU ANN BOERSCH, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard A. Grimm, III, Magavern Magavern Grimm, LLP, Buffalo, NY, for petitioner.
Justine E. Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 7, 2015, Lou Ann Boersch (“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
developed a shoulder injury related to vaccine administration (“SIRVA”) as a result of
receiving an influenza (“flu”) vaccination on September 24, 2010.3 Pet. at ¶ 8. The
case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
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).
3 Petitioner previously filed a state court action in Erie County Supreme Court against Rite Aid on March
15, 2013, for the injuries she sustained as a result of her September 24, 2010, flu vaccination. Ex. 6.
That civil action was dismissed on November 19, 2015. Ex. 7. Thereafter, the petition was timely filed in
the Vaccine Program. See 42 U.S.C. § 300aa-11(a)(2)(B).

Case 1:15-vv-01480-UNJ Document 18 Filed 05/19/16 Page 2 of 2
On April 7, 2016, respondent filed her Rule 4(c) Report in which she concedes
that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 2. Specifically,
respondent stated that a preponderance of the evidence establishes that petitioner’s
injury is consistent with SIRVA, and that the injury is not due to factors unrelated to her
September 24, 2010, flu vaccination. Id. at 4. Respondent further stated that petitioner
met all statutory and jurisdictional requirements, including having suffered the condition
for more than six months. Id. at 5. Thus, respondent concludes that entitlement to
compensation is appropriate under the terms of the Vaccine Act. Id.
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