VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00130
Package ID: USCOURTS-cofc-1_16-vv-00130
Petitioner: Jean Meizel
Filed: 2016-01-27
Decided: 2018-05-08
Vaccine: trivalent influenza
Vaccination date: 2014-08-25
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Jean Meizel filed a petition for compensation under the National Vaccine Injury Compensation Program on January 27, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a trivalent influenza vaccine on August 25, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 6, 2016, conceding that Ms. Meizel's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine she received. Based on this concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 6, 2016, finding Ms. Meizel entitled to compensation. Subsequently, on February 21, 2017, the respondent filed a proffer on the award of compensation, recommending an award of $125,000.00. The petitioner, identified as a competent adult, agreed with this proffered award. On May 8, 2018, Chief Special Master Dorsey issued a decision awarding Jean Meizel a lump sum payment of $125,000.00, representing compensation for all elements of damages available under the Vaccine Act. Ronald Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioner, and Debra Begley of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms. Meizel's injury, nor does it name any medical experts.

Theory of causation field:
Petitioner Jean Meizel received a trivalent influenza vaccine on August 25, 2014, and alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine. The case proceeded to an award of compensation based on this concession. The theory of causation is based on the Vaccine Injury Table. The respondent's Rule 4(c) Report filed June 6, 2016, conceded entitlement. A decision awarding damages was issued on May 8, 2018, based on a proffer filed February 21, 2017. Petitioner was awarded a lump sum of $125,000.00. Petitioner's counsel was Ronald Homer. Respondent's counsel was Debra Begley. Chief Special Master Nora Beth Dorsey presided over the case. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00130-0
Date issued/filed: 2016-07-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/06/2016) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00130-UNJ Document 19 Filed 07/13/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-130V
Filed: June 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEAN MEIZEL, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Trivalent Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 27, 2016, Jean Meizel (“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 shoulder
injury related to vaccine administration (“SIRVA”) as a result of receiving the trivalent
influenza vaccine on August 25, 2014. Petition at 1. Petitioner further alleges that she
received her vaccination in the United States, that she has suffered the residual effects
of her injury for more than six months, and that no lawsuit has been filed or settlement
accepted by herself or anyone else for her injuries. Id. at ¶¶ 18-20. The case was
assigned to the Special Processing Unit 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, 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 1:16-vv-00130-UNJ Document 19 Filed 07/13/16 Page 2 of 2
On June 6, 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 indicates that she “has concluded that petitioner’s alleged
injury is consistent with SIRVA, and that it was caused in fact by the flu vaccine she
received on August 25, 2014.” Id. at 4. Respondent further indicates that “petitioner
has met the statutory requirements for entitlement to compensation . . . [and] [t]herefore,
based on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 4-5 (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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00130-1
Date issued/filed: 2018-05-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/21/2017) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00130-UNJ Document 46 Filed 05/08/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-130V
Filed: February 21, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEAN MEIZEL, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Trivalent Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 27, 2016, Jean Meizel (“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 she suffered a shoulder
injury related to vaccine administration (“SIRVA”) as a result of receiving the trivalent
influenza vaccine on August 25, 2014. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On June 6, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 17). On February 21, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
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-00130-UNJ Document 46 Filed 05/08/18 Page 2 of 4
awarded $125,000.00. Proffer at 1 (ECF No. 35). In the Proffer, respondent represents
that 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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $125,000.00 in the form of a check payable to
petitioner, Jean Meizel. 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 1:16-vv-00130-UNJ Document 46 Filed 05/08/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
JEAN MEIZEL, )
)
Petitioner, )
) No. 16-130V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on June 6, 2016. 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).1
Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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. Petitioner
agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
1 Should petitioner die prior to the 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.

Case 1:16-vv-00130-UNJ Document 46 Filed 05/08/18 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
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: February 21, 2017
2