VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00255
Package ID: USCOURTS-cofc-1_16-vv-00255
Petitioner: Cheryl Bourgerie
Filed: 2016-08-26
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-09-23
Condition: Shoulder Injury Related to Vaccine Administration (“SIRVA”)
Outcome: compensated
Award amount USD: 35151

AI-assisted case summary:
Cheryl Bourgerie filed a petition for compensation under the National Vaccine Injury Compensation Program on August 26, 2016, alleging that her September 23, 2014 influenza vaccination caused her to suffer Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that petitioner's injury was consistent with SIRVA and was caused in fact by the flu vaccine, identifying no other causes and noting the injury persisted for over six months. The respondent further agreed that petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, entitlement to compensation was granted on November 2, 2016. Subsequently, on November 2, 2016, a damages decision was issued. The respondent had filed a proffer indicating an award of $35,151.00, which the petitioner agreed to. The court awarded Cheryl Bourgerie a lump sum payment of $35,151.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00255-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2016) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00255-UNJ Document 28 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-255V
Filed: August 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL BOURGERIE, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Kelly Heidrich, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 23, 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 September 23, 2014 influenza (“flu”)
vaccination caused her to suffer Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 25, 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
has concluded that petitioner’s alleged injury is consistent with shoulder
injury related to vaccine administration (“SIRVA”), and that it was caused
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-00255-UNJ Document 28 Filed 11/02/16 Page 2 of 2
in fact by the flu vaccine she received on or about September 23, 2014.
[Respondent] did not identify any other causes for petitioner’s SIRVA, and
records show that she suffered the sequela of her injury for more than six
months.
Id. at 2-3. Respondent further agrees that based on the medical records “petitioner has
met the statutory requirements for entitlement to compensation” and “satisfied all legal
prerequisites for compensation under the Act.” Id. at 3.
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-00255-1
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/26/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00255-UNJ Document 29 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-255V
Filed: August 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL BOURGERIE, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner.
Kelly Heidrich, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 23, 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 September 23, 2014 influenza (“flu”)
vaccination caused her to suffer Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 26, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On August 25, 2016, respondent filed a Rule 4(c) Report
which included a proffer on award of compensation (“Proffer”) indicating that petitioner
should be awarded $35,151.00. Respondent’s Report and Proffer on Damages at 3. In
the Proffer, respondent represented that petitioner agrees with the proffered award.
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-00255-UNJ Document 29 Filed 11/02/16 Page 2 of 2
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, the undersigned awards petitioner
a lump sum payment of $35,151.00 in the form of a check payable to petitioner,
Cheryl Bourgerie. 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