VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00522
Package ID: USCOURTS-cofc-1_16-vv-00522
Petitioner: Stephanie Smith
Filed: 2016-04-28
Decided: 2016-07-28
Vaccine: influenza
Vaccination date: 2014-11-14
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 75300

AI-assisted case summary:
Stephanie Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2016, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on November 14, 2014. The respondent, represented by Darryl R. Wishard of the U.S. Department of Justice, conceded that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine she received on November 14, 2014. The respondent also agreed that Ms. Smith met all legal prerequisites for compensation under the Act. On June 2, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Smith entitled to compensation based on the respondent's concession. Subsequently, on June 14, 2016, the respondent filed a proffer recommending an award of $75,300.00, stating that the petitioner agreed with this amount. The proffer indicated that this sum represented all elements of compensation available under 42 U.S.C. § 300aa-15(a). The public text does not describe the specific onset of symptoms, medical examinations, or treatments undertaken by Ms. Smith. On July 28, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding Stephanie Smith a lump sum payment of $75,300.00, payable by check to Ms. Smith. The decision noted that attorneys' fees and costs were to be discussed separately. The case was represented by Paul R. Brazil of Muller Brazil, LLP for the petitioner and Darryl R. Wishard for the respondent. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Stephanie Smith alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 14, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine. The public text does not detail the specific medical mechanism of injury or name any medical experts. The case proceeded on concession, and entitlement was established on June 2, 2016, by Chief Special Master Nora Beth Dorsey. A subsequent decision on July 28, 2016, by Chief Special Master Dorsey awarded a lump sum of $75,300.00, representing all damages under 42 U.S.C. § 300aa-15(a), based on a proffer agreed to by both parties. Petitioner was represented by Paul R. Brazil and respondent by Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00522-0
Date issued/filed: 2016-07-06
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/02/2016) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00522-UNJ Document 22 Filed 07/06/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-522V
Filed: June 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STEPHANIE SMITH, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 28, 2016, Stephanie Smith (“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 the influenza
(“flu”) vaccine on November 14, 2014, she suffered a left shoulder injury. Petition at 1-
4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On June 2, 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 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 November 14, 2014.” Id. at 3. Respondent
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-00522-UNJ Document 22 Filed 07/06/16 Page 2 of 2
further agrees that 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00522-1
Date issued/filed: 2016-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/14/2016) regarding 14 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00522-UNJ Document 23 Filed 07/28/16 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0522V
Filed: June 14, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STEPHANIE SMITH, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 28, 2016, Stephanie Smith (“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 as a
result of receiving an influenza (“flu”) vaccine on November 14, 2014. Petition at 1-4.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On June 2, 2016, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On June 14, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $75,300.00. 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.
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-00522-UNJ Document 23 Filed 07/28/16 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,300.00, in the form of a check payable to
petitioner, Stephanie Smith. 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-00522-UNJ Document 23 Filed 07/28/16 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
STEPHANIE SMITH, )
)
Petitioner, ) No. 16-522V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On April 28, 2016, Stephanie Smith (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
November 14, 2014, she suffered a left shoulder injury related to vaccine administration
(“SIRVA”).
On June 2, 2016, respondent filed her Vaccine Rule 4(c) report, conceding causation-in-
fact for petitioner’s SIRVA. On that same day, the Chief Special Master issued a ruling on
entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,300.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
discuss after the Damages Decision is issued.

Case 1:16-vv-00522-UNJ Document 23 Filed 07/28/16 Page 4 of 4
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $75.300.00, in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
RUPA BHATTACHARYYA
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: June 14, 2016 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2