VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00320
Package ID: USCOURTS-cofc-1_16-vv-00320
Petitioner: Christine Miners
Filed: 2016-03-11
Decided: 2017-04-27
Vaccine: influenza
Vaccination date: 2014-10-06
Condition: mild adhesive capsulitis with impingement type symptoms
Outcome: compensated
Award amount USD: 97500

AI-assisted case summary:
Christine Miners filed a petition for compensation under the National Vaccine Injury Compensation Program on March 11, 2016, alleging that she suffered a shoulder injury, specifically mild adhesive capsulitis with impingement type symptoms, caused by the influenza vaccine she received on October 6, 2014. The case was assigned to the Special Processing Unit. Respondent conceded that petitioner's left shoulder injury was consistent with SIRVA and was caused by the flu vaccine, and that she met the statutory requirements for entitlement. A ruling on entitlement was issued on June 15, 2016. Subsequently, on January 4, 2017, respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $97,500.00, which petitioner agreed to. The court issued a decision awarding damages on April 27, 2017, granting a lump sum payment of $97,500.00 to Christine Miners.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00320-0
Date issued/filed: 2016-08-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00320-UNJ Document 18 Filed 08/04/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-320V
Filed: June 15, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE MINERS, *
*
Petitioner, *
* Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota FL, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 11, 2016, Christine Miners (“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
suffers from a shoulder injury to include “mild adhesive capsulitis with impingement type
symptoms” caused by the influenza vaccine she received on October 6, 2014. Petition
at ¶¶ 1, 4, 6, 8. Petitioner further alleges that she has suffered the residual effects of
her injury for more than six months and that neither she nor any other party has brought
an action for her vaccine related injuries. Id. at ¶¶ 5, 7, 10. 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-00320-UNJ Document 18 Filed 08/04/16 Page 2 of 2
On June 13, 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 determined that petitioner’s left shoulder injury is
consistent with SIRVA, and that it was caused in fact by the flu vaccine she received on
October 6, 2014.” Id. at 4. Respondent further indicates that “petitioner has met the
statutory requirements for entitlement to compensation.” Id. (citations 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-00320-1
Date issued/filed: 2017-04-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/04/2017) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00320-UNJ Document 34 Filed 04/27/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-320V
Filed: January 4, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE MINERS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Franklin John Caldwell, Jr., Maglio, Christopher & Toale, PA, Sarasota FL, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 11, 2016, Christine Miners (“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 alleged that she
suffers from a shoulder injury to include “mild adhesive capsulitis with impingement type
symptoms” caused by the influenza vaccine she received on October 6, 2014. Petition
at ¶¶ 1, 4, 6, 8. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 15, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 28). On January 4, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $97,500.00. Proffer at 1. In the Proffer, respondent represented that
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-00320-UNJ Document 34 Filed 04/27/17 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $97,500.00 in the form of a check payable to
petitioner, Christine Miners. 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-00320-UNJ Document 34 Filed 04/27/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CHRISTINE MINERS, )
)
Petitioner, )
) No. 16-320V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$97,500.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $97,500.00 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
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, future lost earnings, and future pain and suffering.

Case 1:16-vv-00320-UNJ Document 34 Filed 04/27/17 Page 4 of 4
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
s/ Ann D. Martin
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
DATED: January 4, 2017 Tel.: (202) 307-1815
2