VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00219
Package ID: USCOURTS-cofc-1_16-vv-00219
Petitioner: Allene Larson
Filed: 2016-03-23
Decided: 2016-10-31
Vaccine: Tdap
Vaccination date: 2014-08-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95884

AI-assisted case summary:
Allene Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus, diphtheria, and acellular pertussis (Tdap) vaccination on August 15, 2014. The case was assigned to the Special Processing Unit. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 22, 2016, conceding that petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the Tdap vaccination. Respondent also agreed that no other cause for the SIRVA was identified, that the statutory six-month sequela requirement was satisfied, and that petitioner met all legal prerequisites for compensation. Based on respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 23, 2016, finding Ms. Larson entitled to compensation. Subsequently, on August 15, 2016, respondent filed a proffer recommending an award of $95,884.50, stating that petitioner agreed with this amount. Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Lara Ann Englund of the U.S. Department of Justice. On October 31, 2016, Chief Special Master Dorsey issued a decision awarding Ms. Larson a lump sum payment of $95,884.50, representing compensation for all damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The award was made as a check payable to Allene Larson.

Theory of causation field:
Petitioner Allene Larson alleged a shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on August 15, 2014. Respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccination, with no other identified cause. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 23, 2016, finding petitioner entitled to compensation. Respondent filed a proffer on August 15, 2016, recommending an award of $95,884.50, which petitioner accepted. On October 31, 2016, Chief Special Master Dorsey awarded petitioner a lump sum of $95,884.50. The theory of causation is considered off-Table. The public text does not name specific medical experts or detail the mechanism of injury beyond the general concession of SIRVA caused by the vaccine.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00219-0
Date issued/filed: 2016-05-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/23/2016) regarding 13 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (tpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00219-UNJ Document 16 Filed 05/17/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-219V
Filed: March 23, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALLENE LARSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Tetanus, diphtheria, acellular pertussis
v.
* (“Tdap”); Shoulder Injury (“SIRVA”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Lara Ann Englund, 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 she experienced a shoulder injury related to
vaccine administration (“SIRVA”) following receipt of her August 15, 2014 Tetanus,
diphtheria and acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 22, 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 “opines that petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (SIRVA)” and further “agrees that
petitioner’s SIRVA was caused-in-fact by the Tdap vaccination administered in her left
arm on August 15, 2014.” Id. at 3. Respondent additionally agrees that no other cause
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-00219-UNJ Document 16 Filed 05/17/16 Page 2 of 2
of petitioner’s SIRVA has been identified, that the statutory six month sequela
requirement has been satisfied, and that 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00219-1
Date issued/filed: 2016-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/15/2016) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00219-UNJ Document 30 Filed 10/31/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-219V
Filed: August 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALLENE LARSON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Tetanus, diphtheria, acellular pertussis
* (“Tdap”); Shoulder Injury: SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Lara Ann Englund, 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 experienced a shoulder injury related to
vaccine administration (“SIRVA”) following receipt of her August 15, 2014 Tetanus,
diphtheria and acellular pertussis (“Tdap”) vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On March 23, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On August 15, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $95,884.50. Proffer at
1. In the Proffer, respondent 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.
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.

Case 1:16-vv-00219-UNJ Document 30 Filed 10/31/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $95,884.50 in the form of a check payable to
petitioner, Allene Larson. 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.2
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2 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-00219-UNJ Document 30 Filed 10/31/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ALLENE LARSON, )
)
Petitioner, )
)
v. ) No. 16-219V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that, based on the evidence of record, petitioner should be awarded
$95,884.50. This amount represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a)(1); -15(a)(3)(A); and -15(a)(4). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made as a
lump sum payment of $95,884.50, in the form of a check payable to petitioner.1 Petitioner is a
competent adult. Evidence of guardianship is not required in this case. This amount accounts
for all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:16-vv-00219-UNJ Document 30 Filed 10/31/16 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: August 15, 2016
2