VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00489
Package ID: USCOURTS-cofc-1_16-vv-00489
Petitioner: Christine Benshoff
Filed: 2016-04-19
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Christine Benshoff filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered right shoulder injuries resulting from an influenza vaccination she received on October 23, 2014. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that her alleged injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the flu vaccine. Based on this concession and the evidence, the court found petitioner entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation. Respondent recommended an award of $80,000.00, representing all elements of compensation available under the Act, and petitioner agreed with this amount. The Chief Special Master awarded Christine Benshoff a lump sum payment of $80,000.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00489-0
Date issued/filed: 2016-10-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/25/2016) regarding 16 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00489-UNJ Document 24 Filed 10/05/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-489V
Filed: July 25, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE BENSHOFF, *
*
v. *
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) 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.
Edward Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 19, 2016, Christine Benshoff (“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 right shoulder injuries resulting from adverse effects from the influenza
vaccination she received on October 23, 2014. Petition at 1, ¶ 15. 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 she has never received
compensation for her injuries, alleged as vaccine caused. Id. at ¶¶ 2, 15-16, 18. 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-00489-UNJ Document 24 Filed 10/05/16 Page 2 of 2
On July 25, 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 SIRVA [(shoulder injury related to vaccine administration)] and that it
was caused in fact by the flu vaccine she received on October 23, 2014.” Id. at 4.
Respondent further indicates that “based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00489-1
Date issued/filed: 2016-11-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/06/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00489-UNJ Document 25 Filed 11/02/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-489V
Filed: September 6, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHRISTINE BENSHOFF, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for petitioner.
Edward J. Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 19, 2016, Christine Benshoff (“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 she
suffered right shoulder injuries from the administration of an influenza vaccination she
received on October 23, 2014. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On July 25, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On September 2, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $80,000.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Id.
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-00489-UNJ Document 25 Filed 11/02/16 Page 2 of 4
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 $80,000.00 in the form of a check payable to
petitioner, Christine Benshoff. 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-00489-UNJ Document 25 Filed 11/02/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTINE BENSHOFF,
Petitioner, No. 16-489V
Chief Special Master
v. Nora Beth Dorsey
ECF
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On July 25, 2016, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that based on the evidence of record, petitioner
should be awarded $80,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a)(1); 15(a)(3)(A); and 15(a)(4).
Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:1
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, future lost earnings, and future pain and suffering.

Case 1:16-vv-00489-UNJ Document 25 Filed 11/02/16 Page 4 of 4
A lump sum payment of $80,000.00, in the form of a check payable to petitioner,
Christine Benshoff. This amount accounts for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
C. SALVATORE D’ALESSIO, JR.
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Acting Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
s/Edward J. Martin
EDWARD J. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 616-1024
DATE: September 2, 2016
2