VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01585
Package ID: USCOURTS-cofc-1_15-vv-01585
Petitioner: Gerry Ramey
Filed: 2015-12-29
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2014-10-01
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Gerry Ramey filed a petition for compensation on December 29, 2015, alleging a left shoulder injury as a result of an influenza vaccination received on October 1, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine. The respondent further agreed that no other cause of the petitioner's injury had been identified and that the petitioner met the statutory requirements for entitlement under the National Vaccine Injury Compensation Program. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 28, 2016, finding Gerry Ramey entitled to compensation. Subsequently, on February 11, 2016, the respondent filed a proffer on award of compensation, agreeing to an award of $125,000.00, which represented all elements of compensation available under the Vaccine Act. The petitioner agreed with this proffered award. On May 6, 2016, Chief Special Master Dorsey issued a decision awarding Gerry Ramey a lump sum payment of $125,000.00, payable by check to the petitioner. The decision noted that attorneys' fees and costs were to be discussed separately. Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Darryl Wishard from the U.S. Department of Justice represented the respondent.

Theory of causation field:
Gerry Ramey alleged a left shoulder injury, specifically SIRVA, caused-in-fact by an influenza vaccine received on October 1, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, with no other cause identified. The petitioner met the statutory requirements for entitlement. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 28, 2016. On February 11, 2016, the respondent filed a proffer agreeing to an award of $125,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a), which the petitioner accepted. The final decision on May 6, 2016, awarded this lump sum. Petitioner counsel was Maximillian Muller; respondent counsel was Darryl Wishard; Chief Special Master was Nora Beth Dorsey. The theory of causation was off-Table SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01585-0
Date issued/filed: 2016-05-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/28/2016) regarding 10 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01585-UNJ Document 23 Filed 05/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1585V
Filed: January 28, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GERRY RAMEY, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, 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 29, 2015, 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 left shoulder injury as
a result of the administration of his October 1, 2014 influenza vaccination. Petition at 1-
2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 27, 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 “has 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 1, 2014.” Id. at 3.
Respondent further agrees that no other cause of petitioner’s injury has been identified,
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 (2006)). 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-01585-UNJ Document 23 Filed 05/04/16 Page 2 of 2
that petitioner suffered sequela of the injury for more than six months, and that
petitioner has met the statutory requirements for entitlement to compensation under the
Vaccine Act. Id.
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

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01585-1
Date issued/filed: 2016-05-06
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/11/2016) regarding 13 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01585-UNJ Document 24 Filed 05/06/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1585V
Filed: February 11, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GERRY RAMEY, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza;
* Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, 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 29, 2015, 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 left shoulder injury as
a result of the administration of her October 1, 2014 influenza vaccination. Petition at
1-2. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 28, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On February 11, 2016, respondent filed a proffer on award of compensation
[“Proffer”] indicating petitioner should be awarded $125,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-01585-UNJ Document 24 Filed 05/06/16 Page 2 of 4
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 $125,000.00 in the form of a check payable to
petitioner, Gerry Ramey. 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.

Case 1:15-vv-01585-UNJ Document 24 Filed 05/06/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
GERRY RAMEY, )
)
Petitioner, ) No. 15-1585V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 29, 2015, Gerry Ramey (“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. Petitioner alleges that as a result of receiving the influenza (“flu”) vaccine on
October 1, 2014, he suffered a shoulder injury related to vaccine administration (“SIRVA”) in
his left arm that was caused-in-fact by the vaccination. On January 27, 2016, respondent filed
her Vaccine Rule 4(c) report, conceding causation-in-fact for petitioner’s SIRVA. On January
28, 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
$125,000.00, 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-01585-UNJ Document 24 Filed 05/06/16 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 $125,000.00, 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
LINDA S. RENZI
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: February 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