VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01502
Package ID: USCOURTS-cofc-1_15-vv-01502
Petitioner: Doris Levitzki
Filed: 2015-12-11
Decided: 2016-05-12
Vaccine: influenza
Vaccination date: 2015-09-17
Condition: left shoulder pain
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Doris Levitzki filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2015, alleging she suffered left shoulder pain causally related to an influenza vaccination received on September 17, 2015. The injury was identified as Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded entitlement to compensation, agreeing that the injury was consistent with SIRVA caused by the flu vaccination and that petitioner met all legal prerequisites. A ruling on entitlement was issued on March 16, 2016, finding Doris Levitzki entitled to compensation. Subsequently, on March 17, 2016, respondent filed a proffer recommending an award of $100,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued a decision on May 12, 2016, awarding Doris Levitzki a lump sum payment of $100,000.00 for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01502-0
Date issued/filed: 2016-05-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/17/2016) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01502-UNJ Document 22 Filed 05/12/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1502V
Filed: March 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DORIS LEVITZKI, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA (DC), for petitioner.
Debra A. Filteau-Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 11, 2015, Doris Levitzki (“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 left shoulder pain “causally related to an adverse reaction” after receiving an
influenza vaccination on September 17, 2015. Petition at ¶¶ 3-4, 10. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 16, 2016, a ruling on entitlement was issued, finding that petitioner
was entitled to compensation. On March 17, 2016, respondent filed a proffer on award
of compensation [“Proffer”] stating that petitioner should be awarded $100,000.00.
Proffer at 1. According to respondent’s Proffer, petitioner agrees to the proposed award
of compensation. Id.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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, I agree that the identified material fits within this definition, I 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-01502-UNJ Document 22 Filed 05/12/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $100,000.00 in the form of a check payable to
petitioner, Doris Levitzki. 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 each party filing a notice
renouncing the right to seek review.
2

CCaassee 11::1155--vvvv--0011550022--UUNNJJ DDooccuummeenntt 1272 FFiilleedd 0035//1172//1166 PPaaggee 13 ooff 24
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
DORIS LEVITZKI, *
*
Petitioner, * No. 15-1502V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
* ECF
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on March 15, 2016, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $100,000.00. This
represents all elements of competition to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:
A lump sum payment of $100,000.00 in the form of a check payable to petitioner,
Doris Levitzki. This amounts accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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, future lost earnings, and future pain and suffering.

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Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALTHEA W. DAVIS
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 17, 2016 Fax: (202) 353-2988

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01502-1
Date issued/filed: 2016-09-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/16/2016) 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-01502-UNJ Document 27 Filed 09/22/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1502V
Filed: March 16, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DORIS LEVITZKI, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danielle A. Strait, Maglio Christopher and Toale, PA (DC), for petitioner.
Debra A. Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 11, 2015, Doris Levitzki (“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 left shoulder pain “causally related to an adverse reaction” after receiving an
influenza vaccination on September 17, 2015. Petition at ¶¶ 3-4, 10. Petitioner further
alleges that she has suffered the residual effects of her injury for more than six months,
and neither she nor anyone else has received compensation or has filed a civil action
for his injury alleged as vaccine caused. Id. at ¶¶ 11, 13-14. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On March 15, 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-01502-UNJ Document 27 Filed 09/22/16 Page 2 of 2
at 1. Specifically, respondent “believes that the alleged injury is consistent SIRVA that
was caused by the administration of petitioner’s flu vaccination.” Id. at 3. Respondent
agrees that “petitioner met 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