VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00411
Package ID: USCOURTS-cofc-1_16-vv-00411
Petitioner: Christopher Diane Lewis
Filed: 2016-08-26
Decided: 2017-02-16
Vaccine: influenza
Vaccination date: 2014-11-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 66569

AI-assisted case summary:
Christopher Diane Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a severe left shoulder injury caused by her influenza vaccination on November 4, 2014. The respondent, the Secretary of Health and Human Services, conceded that the petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that it was causally related to the vaccination. The respondent also confirmed that no other cause for the injury was identified and that the petitioner had met all legal prerequisites for compensation. Following the ruling on entitlement, the parties addressed damages. The respondent proffered an award of $65,000.00 for pain and suffering and $1,569.55 to satisfy a Medicaid lien, totaling $66,569.55. The petitioner agreed with this proposed award. The court issued a decision awarding this total amount, covering pain and suffering and the Medicaid lien, as compensation for all damages available under the Vaccine Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00411-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/26/2016) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00411-UNJ Document 30 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-411V
Filed: August 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTOPHER DIANE LEWIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Reginald Maurice Skinner, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 31, 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 experienced severe left shoulder pain
caused-in-fact by her November 4, 2014 influenza vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On August 26, 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 compensation is appropriate.
Petitioner’s injury is consistent with shoulder injury related to vaccine administration
(SIRVA), and it was caused in fact by the flu vaccination administered on November 4,
2014.” Id. at 3. Respondent further agrees that no other cause for petitioner’s SIRVA
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-00411-UNJ Document 30 Filed 11/02/16 Page 2 of 2
has been identified, that petitioner has suffered the sequela of her injury for more than
six months, and that petitioner has satisfied all legal prerequisites for compensation
under the Vaccine Act. Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00411-1
Date issued/filed: 2017-02-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/04/2016) regarding 32 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00411-UNJ Document 41 Filed 02/16/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-411V
Filed: November 4, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTOPHER DIANE LEWIS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Reginald Skinner, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 31, 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 left shoulder injury caused-in-fact
by her November 4, 2014 influenza vaccination. 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 a shoulder injury related to vaccine administration (“SIRVA”). On
November 3, 2016, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $65,000.00 for her pain and suffering and
$1,569.55 for a Medicaid lien. 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-00411-UNJ Document 41 Filed 02/16/17 Page 2 of 4
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:
• A lump sum payment of $65,000.00, which represents compensation for
petitioner’s pain and suffering, in the form of a check payable to petitioner,
Christopher Diane Lewis; and
• A lump sum payment of $1,569.55, which amount represents
compensation for satisfaction of the State of Texas Medicaid Lien (Molina
Healthcare of TX), in the form of a check payable jointly to petitioner and
First Recovery Group, LLC:
First Recovery Group, LLC
P.O. Box 771932
Detroit, MI 48277-1932
Petitioner agrees to endorse the check. These amounts represent 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-00411-UNJ Document 41 Filed 02/16/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CHRISTOPHER DIANE LEWIS, )
)
Petitioner, )
) No. 16-411V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 26, 2016, the Chief Special Master found that a preponderance of the medical
evidence indicates that petitioner suffered a left shoulder injury related to vaccine administration
(“SIRVA”), which was causally related to the influenza (“flu”) vaccination she received on
November 4, 2014. The parties now address the amount of compensation to be awarded in this
case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
(1) Pain and Suffering in the amount of $65,000.00, and (2) Medicaid Lien in the amount of
$1,569.55, 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
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 and future pain and suffering.

Case 1:16-vv-00411-UNJ Document 41 Filed 02/16/17 Page 4 of 4
through a lump sum payment of $65,000.00 in the form of a check payable to petitioner.
In addition, a lump sum payment should be made of $1,569.55, representing
compensation for satisfaction of the State of Texas Medicaid Lien (Molina Healthcare of TX),
payable jointly to petitioner and First Recovery Group, LLC:
First Recovery Group, LLC
P.O. Box 771932
Detroit, MI 48277-1932
Petitioner agrees to endorse that check.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
s/Reginald M. Skinner
REGINALD M. SKINNER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
(202) 616-3111
Date: November 3, 2016

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_16-vv-00411-3
Date issued/filed: 2018-05-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/26/2016) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00411-UNJ Document 43 Filed 05/31/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-411V
Filed: August 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTOPHER DIANE LEWIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Reginald Maurice Skinner, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 31, 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 experienced severe left shoulder pain
caused-in-fact by her November 4, 2014 influenza vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On August 26, 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 compensation is appropriate.
Petitioner’s injury is consistent with shoulder injury related to vaccine administration
(SIRVA), and it was caused in fact by the flu vaccination administered on November 4,
2014.” Id. at 3. Respondent further agrees that no other cause for petitioner’s SIRVA
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-00411-UNJ Document 43 Filed 05/31/18 Page 2 of 2
has been identified, that petitioner has suffered the sequela of her injury for more than
six months, and that petitioner has satisfied all legal prerequisites for compensation
under the Vaccine Act. Id.
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