VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00423
Package ID: USCOURTS-cofc-1_16-vv-00423
Petitioner: Alexandria Skeens
Filed: 2016-04-04
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Alexandria Skeens filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 16, 2016, conceding that Ms. Skeens' alleged injury was consistent with SIRVA and that compensation was appropriate. The respondent indicated that Ms. Skeens met the statutory requirements for compensation, including suffering the condition for more than six months and having no alternative cause for the injury. On June 21, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Skeens entitled to compensation based on the respondent's concession and the evidence. Subsequently, on August 24, 2016, the respondent filed a proffer recommending an award of $90,000.00, stating that Ms. Skeens agreed with this amount. The decision awarding damages, issued by Chief Special Master Dorsey on November 2, 2016, granted Alexandria Skeens a lump sum payment of $90,000.00, payable by check to Ms. Skeens. This amount was stated to represent compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Maximillian Muller of Muller Brazil LLP, and respondent was represented by Claudia Gangi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Alexandria Skeens alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2014. The respondent conceded that the injury was consistent with SIRVA and that compensation was appropriate, finding that petitioner met the statutory requirements, including the injury persisting for more than six months and having no alternative cause. The case proceeded to a ruling on entitlement on June 21, 2016, by Chief Special Master Nora Beth Dorsey, who found petitioner entitled to compensation. A subsequent proffer on award of compensation, filed on August 24, 2016, recommended an award of $90,000.00, which petitioner agreed to. Chief Special Master Dorsey issued a decision awarding damages on November 2, 2016, granting a lump sum payment of $90,000.00 to petitioner. The theory of causation relied on the "Table" for SIRVA, as the respondent conceded the injury was consistent with this vaccine administration event. No specific medical experts were named in the provided text. Petitioner was represented by Maximillian Muller (Muller Brazil LLP), and respondent was represented by Claudia Gangi (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00423-0
Date issued/filed: 2016-08-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/21/2016) regarding 10 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00423-UNJ Document 13 Filed 08/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-423V
Filed: June 21, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALEXANDRIA SKEENS, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza 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.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 4, 2016, Alexandria Skeens (“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 a shoulder injury related to vaccine administration (“SIRVA”) after receiving the
influenza vaccine on October 15, 2014. Petition at 1, ¶ 2. Petitioner further alleges that
she received her vaccination in the United States, that she has suffered the residual
effects of her injury for more than six months, and that no lawsuit has been filed or
settlement accepted by herself or anyone else for her injuries. Id. at ¶¶ 2, 22-23, 25.
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-00423-UNJ Document 13 Filed 08/05/16 Page 2 of 2
On June 16, 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 petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) and
compensation is appropriate in this case.” Id. Respondent further indicates that
“[b]ased on the medical records outlined above, petitioner met the statutory
requirements by suffering the condition for more than six months; . . . there was no
alternative cause to the injury; . . . [and] petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id. at 4 (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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00423-1
Date issued/filed: 2016-11-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/24/2016) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00423-UNJ Document 20 Filed 11/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-423V
Filed: August 24, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ALEXANDRIA SKEENS, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza Vaccine (“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.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 4, 2016, Alexandria Skeens (“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 a shoulder injury related to vaccine administration (“SIRVA”) after receiving the
influenza vaccine on October 15, 2014. Petition at 1, ¶ 2. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On June 21, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for her shoulder injury. On August 24, 2016,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded $90,000.00. Proffer at 1. In the Proffer, respondent represented
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-00423-UNJ Document 20 Filed 11/02/16 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $90,000.00 in the form of a check payable to
petitioner, Alexandria Skeens. 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-00423-UNJ Document 20 Filed 11/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
ALEXANDRIA SKEENS, )
)
Petitioner, )
) No. 16-0423V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00, 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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $90,000.00, in the form of a check payable to petitioner. Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
1 Should petitioner die prior to the 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.
1

Case 1:16-vv-00423-UNJ Document 20 Filed 11/02/16 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Dated: August 24, 2016
2