VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00112
Package ID: USCOURTS-cofc-1_16-vv-00112
Petitioner: Julie Fisk
Filed: 2016-07-08
Decided: 2016-09-19
Vaccine: Twinrix
Vaccination date: 2014-02-13
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Julie Fisk filed a petition for compensation under the National Vaccine Injury Compensation Program on July 8, 2016, alleging that a Twinrix vaccine (hepatitis A and B) she received on February 13, 2014, caused her to suffer a shoulder injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Fisk's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the vaccination. The respondent also stated that no other causes were identified and that Ms. Fisk had suffered residual effects for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Ms. Fisk entitled to compensation. Subsequently, the respondent filed a proffer indicating that Ms. Fisk should be awarded $60,000.00, which Ms. Fisk agreed with. The court issued a decision awarding Ms. Fisk a lump sum payment of $60,000.00 as compensation for all available damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00112-0
Date issued/filed: 2016-09-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00112-UNJ Document 22 Filed 09/15/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0112V
Filed: July 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JULIE FISK, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Hepatitis A and B Vaccine (Twinrix);
v. * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”); Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 27, 2016, Julie Fisk (“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 her receipt of a Twinrix
(hepatitis A and B) vaccine on February 13, 2014, caused her to suffer a shoulder
injury. Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of
the Office of Special Masters.
On July 8, 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 1. Specifically,
respondent stated, based on her evaluation of the evidence, that petitioner’s injury is
consistent with shoulder injury related to vaccine administration (“SIRVA”), and that the
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 1:16-vv-00112-UNJ Document 22 Filed 09/15/16 Page 2 of 2
injury was caused-in-fact by her vaccination. Id. at 3. Respondent further stated that
she did not identify any other causes for petitioner’s SIRVA, and that petitioner’s
medical records demonstrated that she has suffered the residual effects of her condition
for more than six months. Id. Petitioner has therefore satisfied all legal prerequisites for
compensation under the 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00112-1
Date issued/filed: 2016-09-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/08/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00112-UNJ Document 23 Filed 09/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0112V
Filed: July 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JULIE FISK, *
*
Petitioner, * Damages Decision Based on Proffer;
* Hepatitis A and B Vaccine (Twinrix);
v. * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”); Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Jennifer L. Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 27, 2016, 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 alleged that her receipt of a Twinrix (hepatitis A
and B) vaccine on February 13, 2014, caused her to suffer a shoulder injury. The case
was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On July 8, 2016, the undersigned issued a ruling on entitlement finding petitioner
entitled to compensation for SIRVA. On July 8, 2016, respondent filed a proffer on
award of compensation (“Proffer”) in her Rule 4(c) Report indicating petitioner should be
awarded $60,000.00. Rule 4(c) Rep. at 3. In the Proffer, respondent represented that
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 1:16-vv-00112-UNJ Document 23 Filed 09/19/16 Page 2 of 2
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 Proffer,3 the undersigned awards petitioner
a lump sum payment of $60,000.00 in the form of a check payable to petitioner,
Julie Fisk. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The Proffer is not attached to this decision because it was incorporated into the Rule 4(c) Report, which
contains protected medical information.
4 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