VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00217
Package ID: USCOURTS-cofc-1_16-vv-00217
Petitioner: Sandra Retzlaff
Filed: 2016-02-12
Decided: 2016-08-17
Vaccine: influenza
Vaccination date: 2013-11-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Sandra Retzlaff filed a petition for compensation on February 12, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on November 14, 2013. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) Report conceding that petitioner is entitled to compensation, stating that the evidence established her injury was consistent with SIRVA and caused by the flu vaccination. The respondent also confirmed that petitioner met all statutory and jurisdictional requirements. Based on the respondent's concession and the evidence, the court found petitioner entitled to compensation. Subsequently, on August 17, 2016, a decision awarding damages was issued. The respondent had filed a proffer on award of compensation indicating petitioner should be awarded $85,000.00, which petitioner agreed with. The court awarded Sandra Retzlaff a lump sum payment of $85,000.00.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00217-0
Date issued/filed: 2016-08-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/30/2016) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00217-UNJ Document 27 Filed 08/17/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0217V
Filed: June 30, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA RETZLAFF, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 12, 2016, Sandra Retzlaff (“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 as a result
of an influenza (“flu”) vaccination on November 14, 2013, she suffered a shoulder injury
related to vaccine administration (“SIRVA”). Pet. at 1. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On June 29, 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 that the evidence establishes that petitioner’s injury is consistent with
SIRVA, and that the injury was caused in fact by her flu vaccination on November 14,
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-00217-UNJ Document 27 Filed 08/17/16 Page 2 of 2
2013. Id. at 4-5. Respondent further stated that petitioner met all statutory and
jurisdictional requirements, including having suffered the condition for more than six
months. Id. at 5. Thus, respondent concludes that entitlement to compensation is
appropriate under the terms of the Vaccine 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00217-1
Date issued/filed: 2016-08-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/30/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00217-UNJ Document 28 Filed 08/17/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0217V
Filed: June 30, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SANDRA RETZLAFF, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Traci R. Patton, 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 alleged that as a result of an influenza (“flu”) vaccination on
November 14, 2013, she suffered a shoulder injury related to vaccine administration
(“SIRVA”). The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On June 30, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for SIRVA. On June 29, 2016, respondent filed a
proffer on award of compensation (“Proffer”) in her Rule 4(c) Report indicating petitioner
should be awarded $85,000.00. Rule 4(c) Rep. at 5. In the Proffer, respondent
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-00217-UNJ Document 28 Filed 08/17/16 Page 2 of 2
represented that petitioner agrees with the 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 Proffer,3 the undersigned awards petitioner
a lump sum payment of $85,000.00 in the form of a check payable to petitioner,
Sandra Retzlaff. 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 included in the Rule 4(c) Report, which
contains confidential 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