VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00278
Package ID: USCOURTS-cofc-1_16-vv-00278
Petitioner: Rosemarie Ward
Filed: 2016-12-08
Decided: 2017-04-19
Vaccine: influenza
Vaccination date: 2013-11-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Rosemarie Ward filed a petition for compensation under the National Vaccine Injury Compensation Program on February 29, 2016, alleging that she suffered injuries caused in fact by an influenza vaccination she received on November 22, 2013. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report on December 8, 2016, conceding that the petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA). The respondent agreed that the claim satisfied the Althen requirements and legal prerequisites for compensation, and that the alleged injury was caused-in-fact by the vaccination. The respondent also agreed that the petitioner had met the statutory requirements by suffering residual effects of her injury for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 8, 2016, finding Ms. Ward entitled to compensation. Subsequently, on April 19, 2017, Chief Special Master Dorsey issued a decision awarding damages. The respondent had proffered an award of $60,000.00, which the petitioner agreed to. The decision stated that the petitioner was awarded a lump sum payment of $60,000.00, payable to Rosemarie Ward, representing compensation for all damages available under § 300aa-15(a). Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Jennifer Reynaud of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation field:
Rosemarie Ward filed a petition alleging injury from an influenza vaccination received on November 22, 2013. The alleged injury was shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and caused-in-fact by the vaccination, satisfying the Althen requirements and statutory prerequisites for compensation. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 8, 2016, finding petitioner entitled to compensation. On April 19, 2017, Chief Special Master Dorsey issued a decision awarding damages based on a proffer. The respondent proffered an award of $60,000.00, which the petitioner accepted. The award was a lump sum payment of $60,000.00. The theory of causation was "Off-Table." Petitioner was represented by Maximillian Muller, and respondent by Jennifer Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00278-0
Date issued/filed: 2017-04-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/08/2016) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00278-UNJ Document 29 Filed 04/10/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-278V
Filed: December 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROSEMARIE WARD, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 29, 2016, Rosemarie Ward (“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 injuries caused in fact by the influenza vaccination she received on November
22, 2013. Petition at 1, ¶¶ 3-4, 16-17. Petitioner further alleges that she received her
vaccination in the United States, has suffered the residual effects of her injury for more
than six months, and that neither she nor any other party has filed a civil action or
received an award or settlement for her injury alleged as vaccine caused. Id. at ¶¶ 3-4,
16-18. 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-00278-UNJ Document 29 Filed 04/10/17 Page 2 of 2
On December 8, 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 and Proffer at 1. Specifically, respondent “believes that petitioner’s alleged
injury is consistent with shoulder injury related to vaccine administration (“SIRVA”).” Id.
at 3. Respondent “agrees that petitioner’s claim satisfies the Althen requirements and
that her alleged injury was caused-in-fact by a vaccination.” Id. Respondent further
agrees that “petitioner has met the statutory requirements by suffering the residual
effects of her injury for more than six months, . . . [and] has satisfied all legal
prerequisites for compensation under the Act.” Id. (citation 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-00278-1
Date issued/filed: 2017-04-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/08/2016) regarding 20 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00278-UNJ Document 30 Filed 04/19/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-278V
Filed: December 8, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROSEMARIE WARD, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 29, 2016, Rosemarie Ward (“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 injuries caused in fact by the influenza vaccination she received on November
22, 2013. Petition at 1, ¶¶ 3-4, 16-17. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 8, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for shoulder in jury related to vaccine administration (“SIRVA”)
caused by the influenza vaccination she received on November 22, 2013. Respondent
included a Proffer on Award of Compensation (“Proffer”) in her Rule 4(c) Report filed on
December 8, 2016, indicating petitioner should be awarded $60,000.00. (ECF No. 17).
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-00278-UNJ Document 30 Filed 04/19/17 Page 2 of 2
In the Proffer, respondent represented 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 Proffer, the undersigned awards petitioner
a lump sum payment of $60,000.00 in the form of a check payable to petitioner,
Rosemarie Ward. 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