VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01588
Package ID: USCOURTS-cofc-1_15-vv-01588
Petitioner: Evelyn Bell
Filed: 2015-12-30
Decided: 2016-08-29
Vaccine: influenza
Vaccination date: 2014-09-19
Condition: left brachial plexopathy/neuritis; Shoulder Injury Related to Vaccine Administration (“SIRVA”)
Outcome: compensated
Award amount USD: 172485

AI-assisted case summary:
Evelyn Bell filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered from left brachial plexopathy as a result of an influenza vaccine she received on September 19, 2014. The respondent conceded that Ms. Bell was entitled to a presumption of causation because her left-sided brachial neuritis manifested between two and twenty-eight days after her vaccination, and there was no evidence that her condition was due to an unrelated factor. The respondent further agreed that her condition persisted for more than six months, satisfying the legal prerequisites for compensation. A ruling on entitlement was issued on April 11, 2016, finding Ms. Bell entitled to compensation. Subsequently, on July 6, 2016, the respondent filed a proffer on award of compensation, indicating that Ms. Bell should be awarded $172,485.00, an amount to which Ms. Bell agreed. The Chief Special Master issued a decision awarding Ms. Bell a lump sum payment of $172,485.00 on August 29, 2016, representing compensation 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-01588-0
Date issued/filed: 2016-05-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/11/2016) regarding 13 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01588-UNJ Document 17 Filed 05/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1588V
Filed: April 11, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EVELYN BELL, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Left Brachial
v. * Plexopathy/Neuritis; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 30, 2015, Evelyn Bell (“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 alleges that she suffered from left
brachial plexopathy as a result of an influenza (“flu”) vaccine she received on
September 19, 2014. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 11, 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 is entitled to a presumption of
causation because of petitioner’s left-sided brachial neuritis manifested between two
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-01588-UNJ Document 17 Filed 05/19/16 Page 2 of 2
and twenty-eight days after her receipt of the flu3 vaccine, and there is not preponderant
evidence that her condition was due to a factor unrelated to the vaccine. Id. at 4.
Respondent further agrees that petitioner’s brachial neuritis and its sequela persisted
for more than six months after the administration of the vaccine, and thus, petitioner has
satisfied all legal prerequisites for compensation under the Vaccine Act. Id. at 4-5.
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
3 The Rule 4(c) report references a Tdap vaccine in error.
2

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DOCUMENT 2: USCOURTS-cofc-1_15-vv-01588-1
Date issued/filed: 2016-08-29
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/06/2015) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01588-UNJ Document 31 Filed 08/29/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1588V
Filed: July 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EVELYN BELL, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Left Brachial
* Plexopathy/Neuritis; Shoulder Injury
SECRETARY OF HEALTH * Related to Vaccine Administration
AND HUMAN SERVICES, * (“SIRVA”); Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 30, 2015, Evelyn Bell (“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 alleges that she suffered from left
brachial plexopathy as a result of an influenza (“flu”) vaccine she received on
September 19, 2014. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On April 11, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On July 6, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $172,485.00. 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-01588-UNJ Document 31 Filed 08/29/16 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 $172,485.00, in the form of a check payable to
petitioner, Evelyn Bell. 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-01588-UNJ Document 31 Filed 08/29/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_______________________________________
EVELYN BELL, ) ECF
)
Petitioner, )
)
v. ) No. 15-1588V
) Chief Special Master
SECRETARY OF HEALTH AND HUMAN ) Nora Beth Dorsey
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$172,485.00, which represents 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
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $172,485.00 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
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.
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.

Case 1:15-vv-01588-UNJ Document 31 Filed 08/29/16 Page 4 of 4
RUPA BHATTACHARYYA
Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/ Lisa A. Watts
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4099
Dated: July 6, 2016
2