VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00406
Package ID: USCOURTS-cofc-1_16-vv-00406
Petitioner: Jennifer Wolf-Lecy
Filed: 2016-03-30
Decided: 2016-09-19
Vaccine: influenza
Vaccination date: 2013-09-18
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 92500

AI-assisted case summary:
Jennifer Wolf-Lecy filed a petition for compensation on March 30, 2016, alleging that her influenza vaccine administered on September 18, 2013, caused a left shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. In a Rule 4(c) Report filed on July 8, 2016, the respondent conceded that Ms. Wolf-Lecy's injury was consistent with SIRVA and was caused-in-fact by the vaccination. The respondent also stated that no other causes for the injury were identified and that the medical records demonstrated the injury and its sequela persisted for more than six months post-vaccination. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 8, 2016, finding Ms. Wolf-Lecy entitled to compensation. Subsequently, on September 19, 2016, Chief Special Master Dorsey issued a decision awarding damages. The respondent had filed a proffer on July 8, 2016, suggesting an award of $92,500.00, with the petitioner agreeing to this amount. The decision stated that the petitioner was entitled to an award as stated in the proffer. Ms. Wolf-Lecy was awarded a lump sum payment of $92,500.00, payable by check to her, representing compensation for all available damages. Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Amy P. Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jennifer Wolf-Lecy alleged that an influenza vaccine administered on September 18, 2013, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA, caused-in-fact by the vaccination, with no other identified causes, and that the injury persisted for more than six months. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The parties stipulated to damages, and Chief Special Master Nora Beth Dorsey awarded petitioner $92,500.00 as a lump sum. Petitioner was represented by John R. Howie, Jr., and respondent by Amy P. Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00406-0
Date issued/filed: 2016-09-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/08/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00406-UNJ Document 22 Filed 09/15/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0406V
Filed: July 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER WOLF-LECY, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 30, 2016, Jennifer Wolf-Lecy (“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 her receipt
of an influenza (“flu”) vaccine on September 18, 2013, caused her to suffer a left
shoulder injury related to vaccine administration (“SIRVA”). Petition at 1. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On July 8, 2016, respondent filed her Rule 4(c) Report in which she concedes
that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically,
respondent stated, based on her evaluation of the evidence, that petitioner’s injury is
consistent with SIRVA, and that the injury was caused-in-fact by her flu vaccination on
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-00406-UNJ Document 22 Filed 09/15/16 Page 2 of 2
September 18, 2013. Id. at 4. Respondent further stated that she did not identify any
other causes for petitioner’s SIRVA, and that petitioner’s medical records demonstrated
her injury and its sequela persisted for more than six months after administration of the
vaccine. Id. Petitioner has therefore satisfied all legal prerequisites for compensation
under the Act. Id.
In view of respondent’s concession 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
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00406-1
Date issued/filed: 2016-09-19
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/08/2016) regarding 14 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00406-UNJ Document 23 Filed 09/19/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0406V
Filed: July 8, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JENNIFER WOLF-LECY, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 30, 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” or “Program”). Petitioner alleged that her receipt of an influenza (“flu”)
vaccine on September 18, 2013, caused her to suffer a left shoulder injury related to
vaccine administration (“SIRVA”). The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On July 8, 2016, the undersigned issued a ruling on entitlement finding petitioner
entitled to compensation for SIRVA. On July 8, 2016, respondent filed a proffer on
award of compensation (“Proffer”) in her Rule 4(c) Report indicating petitioner should be
awarded $92,500.00. Rule 4(c) Rep. at 5. 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-00406-UNJ Document 23 Filed 09/19/16 Page 2 of 2
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 Proffer,3 the undersigned awards petitioner
a lump sum payment of $92,500.00 in the form of a check payable to petitioner,
Jennifer Wolf-Lecy. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The Proffer is not attached to this decision because it was incorporated into the Rule 4(c) Report, which
contains protected medical information.
4 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