VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00433
Package ID: USCOURTS-cofc-1_16-vv-00433
Petitioner: Pella Parker
Filed: 2017-02-17
Decided: 2017-12-19
Vaccine: influenza
Vaccination date: 2013-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90960

AI-assisted case summary:
Pella Parker filed a petition for compensation on April 5, 2016, alleging that an influenza vaccine administered on October 16, 2013, caused her to suffer right shoulder injuries. The case was assigned to the Special Processing Unit. On February 16, 2017, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused in fact by the flu vaccine received on or about October 16, 2013. The respondent also agreed that no other causes for the petitioner's injury were identified and that the records showed the injury's sequelae lasted more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 17, 2017, finding Pella Parker entitled to compensation. Subsequently, on May 8, 2017, the respondent filed a proffer recommending an award of $90,960.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). Petitioner agreed with the proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on May 8, 2017, awarding Pella Parker a lump sum payment of $90,960.00 in the form of a check payable to her. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by the petitioner.

Theory of causation field:
Petitioner Pella Parker alleged that an influenza vaccine administered on October 16, 2013, caused her to suffer right shoulder injuries, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the injury was caused in fact by the flu vaccine and that no other causes were identified. The injury's sequelae lasted over six months. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 17, 2017, finding petitioner entitled to compensation. On May 8, 2017, Chief Special Master Dorsey issued a Decision Awarding Damages based on a stipulation/proffer, awarding petitioner a lump sum of $90,960.00 for all damages. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Traci R. Patton (U.S. Department of Justice). The specific mechanism of injury, medical experts, and detailed clinical findings are not described in the provided public text.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00433-0
Date issued/filed: 2017-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/17/2017) regarding 29 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00433-UNJ Document 44 Filed 09/19/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0433V
Filed: February 17, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PELLA PARKER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 5, 2016, Pella Parker (“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 as a result of receiving an influenza
(“flu”) vaccine on October 16, 20133, she suffered right shoulder injuries that were
caused-in-fact by her vaccination. Petition at 1. 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. 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).
3 The petition alleges that petitioner received the flu vaccine on October 30, 2013. Exhibit 1 also indicates
that the flu vaccine was administered on October 30, 2013, however, most of the records, including
petitioner’s vaccine consent form, indicate that the flu vaccine was administered on October 16, 2013.
See, e.g., Petitioner’s Exhibit (“Pet. Ex.”) 2 at 1; Pet. Ex. 10.

Case 1:16-vv-00433-UNJ Document 44 Filed 09/19/17 Page 2 of 2
On February 16, 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. Specifically, respondent states that “petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (‘SIRVA’), and that it
was caused in fact by the flu vaccine she received on or about October 16, 2013.” Id. at
5. Respondent further agrees that no other causes for petitioner’s injury were identified
and the records show that petitioner suffered the sequela of her injury for more than six
months. 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-00433-1
Date issued/filed: 2017-12-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/08/2017) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-00433-UNJ Document 45 Filed 12/19/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-433V
Filed: May 8, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PELLA PARKER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration ("SIRVA");
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 5, 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 as a result of receiving an influenza (“flu”) vaccine on
October 16, 20133, she suffered right shoulder injuries that were caused-in-fact by her
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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).
3 The petition alleges that petitioner received the flu vaccine on October 30, 2013. Exhibit 1 also indicates
that the flu vaccine was administered on October 30, 2013, however, most of the records, including
petitioner’s vaccine consent form, indicate that the flu vaccine was administered on October 16, 2013.
See, e.g., Petitioner’s Exhibit (“Pet. Ex.”) 2 at 1; Pet. Ex. 10.

Case 1:16-vv-00433-UNJ Document 45 Filed 12/19/17 Page 2 of 4
On February 17, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for shoulder injury related to vaccine administration (“SIRVA”).
On May 8, 2017, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $90,960.00. Proffer at 1. 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 $90,960.00 in the form of a check payable to
petitioner, Pella Parker. 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
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

Case 1:16-vv-00433-UNJ Document 45 Filed 12/19/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
PELLA PARKER,
)
)
Petitioner,
) No. 16-433V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On February 17, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $90,960.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $90,960.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings
and future pain and suffering.

Case 1:16-vv-00433-UNJ Document 45 Filed 12/19/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
MICHAEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: May 8, 2017