VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00214
Package ID: USCOURTS-cofc-1_16-vv-00214
Petitioner: Marni Shapin
Filed: 2016-02-12
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
On February 12, 2016, Marni Shapin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her influenza vaccination on October 22, 2014, caused a left shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On May 27, 2016, the respondent filed a Rule 4(c) report conceding that Ms. Shapin's injury was consistent with SIRVA and causally related to the flu vaccine. The respondent also agreed that the injury persisted for more than six months and that Ms. Shapin had met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, finding Ms. Shapin entitled to compensation. Subsequently, on September 6, 2016, the parties submitted a stipulation and proffer regarding the award of compensation. The respondent's proffer indicated that Ms. Shapin should be awarded $120,000.00, representing all elements of compensation, and Ms. Shapin agreed to this amount. Chief Special Master Dorsey issued a decision on November 2, 2016, awarding Ms. Shapin a lump sum payment of $120,000.00, payable by check to Marni Shapin, as compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Amber Diane Wilson of Maglio Christopher and Toale, and respondent was represented by Glenn A. MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marni Shapin received an influenza vaccine on October 22, 2014. She alleged a left shoulder injury related to vaccine administration (SIRVA) caused by the vaccine. The respondent conceded that the injury was consistent with SIRVA and causally related to the flu vaccine, and that it persisted for more than six months. The case proceeded to an award based on a stipulation. The respondent's proffer, agreed to by the petitioner, recommended an award of $120,000.00 for all elements of compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, finding petitioner entitled to compensation based on the concession. A decision awarding damages was issued on November 2, 2016, granting a lump sum payment of $120,000.00. The theory of causation was based on the respondent's concession that the injury was consistent with SIRVA and caused-in-fact by the vaccine, aligning with the "Table" category for SIRVA injuries. The public text does not detail specific medical experts, clinical findings, or the mechanism of injury beyond the general description of SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00214-0
Date issued/filed: 2016-06-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/31/2016) 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-00214-UNJ Document 19 Filed 06/27/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-214V
Filed: May 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARNI SHAPIN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza; Shoulder Injury Related to
* Vaccine Administration (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher and Toale, Washington D.C., for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 12, 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”). Petitioner alleges that her receipt of an influenza (“flu”) vaccination on
October 22, 2014, caused her to suffer a left shoulder injury. Petition at 1-2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On May 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 “concluded that petitioner’s alleged left shoulder injury is
consistent with a SIRVA [shoulder injury related to vaccine administration] injury, and
that it was caused-in-fact by the flu vaccine she received on October 22, 2014.” Id. at 4.
Respondent further agrees that petitioner’s left SIRVA and its sequela persisted for
more than six months after administration of the vaccine and, based on the record as it
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-00214-UNJ Document 19 Filed 06/27/16 Page 2 of 2
now stands, petitioner has satisfied all legal prerequisites for 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
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00214-1
Date issued/filed: 2016-11-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/06/2016) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00214-UNJ Document 31 Filed 11/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-214V
Filed: September 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARNI SHAPIN, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher and Toale, Washington D.C., for petitioner.
Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 12, 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”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following receipt of an influenza (“flu”) vaccine on October 22,
2014. Petition at 1-2. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On May 31, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On September 6, 2016, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $120,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-00214-UNJ Document 31 Filed 11/02/16 Page 2 of 4
proffered award. 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 $120,000.00 in the form of a check payable to
petitioner, Marni Shapin. 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-00214-UNJ Document 31 Filed 11/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
MARNI SHAPIN, *
*
Petitioner, *
*
v. * No. 16-214V (ECF)
* Chief Special Master
* NORA BETH DOESEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 31, 2016, the Chief Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a left shoulder injury related to vaccine administration
(“SIRVA”), which was causally related to the influenza (“flu”) vaccination she received on
October 22, 2014. The parties now address the amount of compensation to be awarded in this
case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$120,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 and future pain and suffering.

Case 1:16-vv-00214-UNJ Document 31 Filed 11/02/16 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $120,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: September 6, 2016
2