VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00639
Package ID: USCOURTS-cofc-1_16-vv-00639
Petitioner: Sharon G. Ortagus
Filed: 2016-09-07
Decided: 2017-07-28
Vaccine: influenza
Vaccination date: 2015-10-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 165500

AI-assisted case summary:
Sharon G. Ortagus filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 13, 2015. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that she suffered SIRVA causally related to the flu vaccine and met the statutory requirement of suffering the condition for more than six months. Based on this concession and the evidence, the court issued a ruling on entitlement. Subsequently, the parties addressed the amount of compensation. Respondent filed a proffer on award of compensation, proposing an award of $165,500.00, which petitioner agreed to. The court found that petitioner was entitled to this award, representing all elements of compensation available under the Vaccine Act. The court awarded Sharon G. Ortagus a lump sum payment of $165,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00639-0
Date issued/filed: 2016-11-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/07/2016) 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-00639-UNJ Document 20 Filed 11/03/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0639V
Filed: September 7, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHARON G. ORTAGUS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices, Washington, D.C.,, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 27, 2016, Sharon G. Ortagus (“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 shoulder
injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza
(“flu”) vaccine on October 13, 2015. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 7, 2016, respondent filed her Rule 4(c) report in which she
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
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-00639-UNJ Document 20 Filed 11/03/16 Page 2 of 2
4(c) Report at 1.3 Specifically, respondent concluded that petitioner suffered SIRVA
and that a preponderance of the evidence indicates that the injury was causally related
to the flu vaccine Id. at 5. Respondent further agrees that petitioner met the statutory
requirements by suffering her condition 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
3 The Rule 4(c) report, on page 1 and page 5, incorrectly references the date of vaccination as November
10, 2014. The flu vaccine was administered to petitioner on October 13, 2015. See Petition at 1; Pet. Ex.
1 at 1.
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00639-1
Date issued/filed: 2017-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/07/2017) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00639-UNJ Document 37 Filed 07/28/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0639V
Filed: February 7, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHARON G. ORTAGUS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Leah VaSahnja Durant, Law Offices, Washington, DC, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 27, 2016, Sharon G. Ortagus (“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 shoulder
injury related to vaccine administration (“SIRVA”) as a result of receiving an influenza
(“flu”) vaccine on October 13, 2015. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 7, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On February 6, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $165,500.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-00639-UNJ Document 37 Filed 07/28/17 Page 2 of 4
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 $165,500.00, in the form of a check payable to
petitioner, Sharon G. Ortagus. 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-00639-UNJ Document 37 Filed 07/28/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
SHARON G. ORTAGUS, *
*
Petitioner, *
*
v. * No. 16-639V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her September 7, 2016 Ruling on Entitlement, 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 October 13, 2015. The parties have now addressed the amount of compensation to
be awarded in this case.
I. Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a total lump sum of $165,500.00, 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-00639-UNJ Document 37 Filed 07/28/17 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided should be made through lump
sum payment in the form of a check for $165,500.00, payable to petitioner.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
Civil Division
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
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: February 6, 2017
2