VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00579
Package ID: USCOURTS-cofc-1_16-vv-00579
Petitioner: Evangeline Stavretis
Filed: 2016-08-31
Decided: 2017-03-09
Vaccine: influenza
Vaccination date: 2014-11-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Evangeline Stavretis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on November 10, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent concluded that Ms. Stavretis's injury was consistent with SIRVA, caused-in-fact by the vaccination, and that there were no other identified causes. The respondent also confirmed that the residual effects of her condition lasted for more than six months, satisfying the legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Ms. Stavretis entitled to compensation. Subsequently, the parties addressed the amount of compensation. The respondent filed a proffer on award of compensation, proposing a total lump sum of $85,000.00, which represented all elements of compensation available under the Vaccine Act. Ms. Stavretis agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Stavretis a lump sum payment of $85,000.00, payable to her, as compensation for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00579-0
Date issued/filed: 2016-11-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00579-UNJ Document 19 Filed 11/02/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0579V
Filed: August 31, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EVANGELINE STAVRETIS, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 16, 2016, Evangeline Stavretis (“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 as a result
of receiving the influenza (“flu”) vaccine on November 10, 2014, she suffered a shoulder
injury that was caused-in-fact by her vaccination. Petition at 1-3. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On August 29, 2016, respondent filed a Rule 4(c) report conceding entitlement to
compensation in this case. Rule 4(c) Rep. at 1. Respondent concluded, based on her
evaluation of the evidence, that petitioner’s injury is consistent with a shoulder injury
related to vaccine administration (“SIRVA”), and that the injury was caused-in-fact by
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-00579-UNJ Document 19 Filed 11/02/16 Page 2 of 2
her vaccination. Id. at 4. Respondent stated that she did not identify any other causes
for petitioner’s SIRVA, and that the evidence of record demonstrates petitioner has
suffered the residual effects of her condition for more than six months. Id. Petitioner
has therefore satisfied all legal prerequisites for compensation under the Act. Id.
In view of respondent’s concession and the evidence of record, 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-00579-1
Date issued/filed: 2017-03-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/30/2016) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00579-UNJ Document 25 Filed 03/09/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0579V
Filed: November 30, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EVANGELINE STAVRETIS, *
*
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.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 16, 2016, Evangeline Stavretis (“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 alleged that as a result of receiving
the influenza (“flu”) vaccine on November 10, 2014, she suffered a shoulder injury that
was caused-in-fact by her vaccination. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On August 31, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On November 28, 2016, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $85,000.00. Proffer at
1-2. In the Proffer, respondent represented that petitioner agrees with the proffered
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-00579-UNJ Document 25 Filed 03/09/17 Page 2 of 4
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 $85,000.00 in the form of a check payable to
petitioner, Evangeline Stavretis. 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-00579-UNJ Document 25 Filed 03/09/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
EVANGELINE STAVRETIS, *
*
Petitioner, *
*
v. * No. 16-579V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her November 2, 2016 decision, the Chief Special Master found that a preponderance
of the medical evidence indicates that petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the flu vaccination she received on
November 10, 2014. The parties have now addressed the amount of compensation to be awarded
in this case.
I. Item of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $85,000.00, which amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
1 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.

Case 1:16-vv-00579-UNJ Document 25 Filed 03/09/17 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $85,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
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
VORIS E. JOHNSON, JR.
Senior Trial Attorney
Torts Branch, Civil Division
/s/ DOUGLAS ROSS
DOUGLAS ROSS
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) 616-3667
DATE: November 28, 2016
2