VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00322
Package ID: USCOURTS-cofc-1_16-vv-00322
Petitioner: Diane Chandler
Filed: 2016-03-14
Decided: 2018-03-01
Vaccine: influenza
Vaccination date: 2014-09-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 241512

AI-assisted case summary:
Diane Chandler filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 24, 2014 influenza vaccination. The respondent conceded that petitioner was entitled to compensation, agreeing that her SIRVA was caused-in-fact by the vaccination and that no other causes were identified. The court found that petitioner had satisfied all legal prerequisites for compensation. Subsequently, the parties submitted a proffer on award of compensation. The respondent recommended an award of $82,295.30 for lost earnings, $110,000.00 for pain and suffering, and $49,216.83 for unreimbursed expenses. Petitioner agreed with this proffered award. The court awarded Diane Chandler a lump sum payment of $241,512.13, representing compensation for lost earnings, pain and suffering, and unreimbursed expenses.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00322-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/21/2017) regarding 37 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00322-UNJ Document 55 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-322V
Filed: July 21, 2017
UNPUBLISHED
DIANE CHANDLER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 14, 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her September 24, 2014 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 20, 2017, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
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-00322-UNJ Document 55 Filed 12/11/17 Page 2 of 2
Specifically, respondent indicates that
DICP opines that petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”). DICP further agrees
that petitioner’s SIRVA was caused-in-fact by the influenza vaccination
administered in her right arm on September 24, 2014. No other causes for
petitioner’s SIRVA were identified. See 42 U.S.C. § 300aa-13(a)(1)(B). In
addition, given the medical records outlined above, the statutory six month
sequela requirement has been satisfied. See id. at § 300aa-11(c)(1)(D)(i).
The Petition states that petitioner has never received any compensation in
the form of an award or settlement in connection with the vaccine-related
injury. See 42 U.S.C. §§ 300aa-11(a)(5) and 300aa-11(c)(1)(E).
Therefore, based on the current record, petitioner has satisfied all legal
prerequisites for compensation under the Act.
Id. at 4.
In view of respondent’s position 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00322-1
Date issued/filed: 2017-12-11
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/16/2017) regarding 54 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00322-UNJ Document 56 Filed 12/11/17 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-322V
Filed: November 16, 2017
UNPUBLISHED
DIANE CHANDLER,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 14, 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her September 24, 2014 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 21, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On November 15, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded compensation of
$82,295.30 representing lost earnings, $110,000.00 representing actual and projected
pain and suffering, and $49,216.83 representing actual and projected unreimbursed
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-00322-UNJ Document 56 Filed 12/11/17 Page 2 of 5
expenses. Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $241,512.13 which represents compensation
for lost earnings ($82,295.30), pain and suffering ($110,000.00), and unreimbursed
expenses ($49,216.83), in the form of a check payable to petitioner, Diane
Chandler. 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-00322-UNJ Document 56 Filed 12/11/17 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DIANE CHANDLER, )
)
Petitioner, )
) No. 16-322V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 14, 2016, Diane Chandler (“petitioner”) filed a Petition (“Petition”) for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury
related to vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination on
September 24, 2014. Petition at 1.
On July 20, 2017, respondent filed a Vaccine Rule 4(c) Report, and on July 21, 2017, the
Court found petitioner entitled to compensation based on a theory of causation-in-fact.
II. Items of Compensation
A. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered past loss
of earnings and will suffer a loss of earnings in the future. Therefore, respondent proffers that
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after
the Damages Decision is issued.

Case 1:16-vv-00322-UNJ Document 56 Filed 12/11/17 Page 4 of 5
petitioner should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. §
300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner’s lost earnings
is $82,295.30. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in actual and
projected pain and suffering. Petitioner agrees.
C. Unreimbursed Expenses
Respondent proffers that petitioner should be awarded $49,216.83 in actual and projected
unreimbursed expenses. Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:2
A lump sum payment of $241,512.13, representing compensation for lost earnings
($82,295.30); pain and suffering ($110,000.00); and unreimbursed expenses ($49,216.83), in the
form of a check payable to petitioner.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
2 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.
2

Case 1:16-vv-00322-UNJ Document 56 Filed 12/11/17 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Robert P. Coleman III
ROBERT P. COLEMAN III
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) 305-0274
Email: Robert.P.Coleman@usdoj.gov
DATED: November 15, 2017
3

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_16-vv-00322-2
Date issued/filed: 2018-01-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/21/2017) regarding 37 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00322-UNJ Document 59 Filed 01/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-322V
Filed: July 21, 2017
UNPUBLISHED
DIANE CHANDLER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 14, 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her September 24, 2014 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 20, 2017, respondent filed his Rule 4(c) report in which he concedes that
petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
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-00322-UNJ Document 59 Filed 01/23/18 Page 2 of 2
Specifically, respondent indicates that
DICP opines that petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”). DICP further agrees
that petitioner’s SIRVA was caused-in-fact by the influenza vaccination
administered in her right arm on September 24, 2014. No other causes for
petitioner’s SIRVA were identified. See 42 U.S.C. § 300aa-13(a)(1)(B). In
addition, given the medical records outlined above, the statutory six month
sequela requirement has been satisfied. See id. at § 300aa-11(c)(1)(D)(i).
The Petition states that petitioner has never received any compensation in
the form of an award or settlement in connection with the vaccine-related
injury. See 42 U.S.C. §§ 300aa-11(a)(5) and 300aa-11(c)(1)(E).
Therefore, based on the current record, petitioner has satisfied all legal
prerequisites for compensation under the Act.
Id. at 4.
In view of respondent’s position 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

================================================================================
DOCUMENT 4: USCOURTS-cofc-1_16-vv-00322-3
Date issued/filed: 2018-03-01
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/16/2017) regarding 54 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00322-UNJ Document 60 Filed 03/01/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-322V
Filed: November 16, 2017
UNPUBLISHED
DIANE CHANDLER,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 14, 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 suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her September 24, 2014 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 21, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On November 15, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded compensation of
$82,295.30 representing lost earnings, $110,000.00 representing actual and projected
pain and suffering, and $49,216.83 representing actual and projected unreimbursed
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-00322-UNJ Document 60 Filed 03/01/18 Page 2 of 5
expenses. Proffer at 1-2. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $241,512.13 which represents compensation
for lost earnings ($82,295.30), pain and suffering ($110,000.00), and unreimbursed
expenses ($49,216.83), in the form of a check payable to petitioner, Diane
Chandler. 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-00322-UNJ Document 60 Filed 03/01/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
DIANE CHANDLER, )
)
Petitioner, )
) No. 16-322V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
____________________________________)
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On March 14, 2016, Diane Chandler (“petitioner”) filed a Petition (“Petition”) for
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§ 300aa-1 to -34 (“Vaccine Act”). Petitioner alleges that she suffered from a shoulder injury
related to vaccine administration (“SIRVA”) as a result of receiving an influenza vaccination on
September 24, 2014. Petition at 1.
On July 20, 2017, respondent filed a Vaccine Rule 4(c) Report, and on July 21, 2017, the
Court found petitioner entitled to compensation based on a theory of causation-in-fact.
II. Items of Compensation
A. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered past loss
of earnings and will suffer a loss of earnings in the future. Therefore, respondent proffers that
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to discuss after
the Damages Decision is issued.

Case 1:16-vv-00322-UNJ Document 60 Filed 03/01/18 Page 4 of 5
petitioner should be awarded lost earnings as provided under the Vaccine Act, 42 U.S.C. §
300aa-15(a)(3)(A). Respondent proffers that the appropriate award for petitioner’s lost earnings
is $82,295.30. Petitioner agrees.
B. Pain and Suffering
Respondent proffers that petitioner should be awarded $110,000.00 in actual and
projected pain and suffering. Petitioner agrees.
C. Unreimbursed Expenses
Respondent proffers that petitioner should be awarded $49,216.83 in actual and projected
unreimbursed expenses. Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the Chief Special Master’s
decision and the Court’s judgment award the following:2
A lump sum payment of $241,512.13, representing compensation for lost earnings
($82,295.30); pain and suffering ($110,000.00); and unreimbursed expenses ($49,216.83), in the
form of a check payable to petitioner.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
2 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.
2

Case 1:16-vv-00322-UNJ Document 60 Filed 03/01/18 Page 5 of 5
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Robert P. Coleman III
ROBERT P. COLEMAN III
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) 305-0274
Email: Robert.P.Coleman@usdoj.gov
DATED: November 15, 2017
3