VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00647
Package ID: USCOURTS-cofc-1_16-vv-00647
Petitioner: Ruby Lorenzo
Filed: 2016-08-17
Decided: 2016-10-31
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Ruby Lorenzo filed a petition for compensation on August 17, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 14, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report on August 15, 2016, conceding entitlement to compensation. Respondent concluded that petitioner's injury was consistent with SIRVA, caused-in-fact by the vaccination, and that no other causes were identified. The injury had residual effects for more than six months, satisfying the legal prerequisites for compensation. Based on the respondent's concession and the evidence, the undersigned found Ruby Lorenzo entitled to compensation. Subsequently, on October 31, 2016, a decision awarding damages was issued. Respondent had filed a proffer on award of compensation indicating petitioner should be awarded $85,000.00, with which petitioner agreed. The court awarded Ruby Lorenzo a lump sum payment of $85,000.00 for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00647-0
Date issued/filed: 2016-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/17/2016) 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-00647-UNJ Document 22 Filed 10/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0647V
Filed: August 17, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RUBY LORENZO, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 1, 2016, Ruby Lorenzo (“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 October 14, 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 15, 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-00647-UNJ Document 22 Filed 10/31/16 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-00647-1
Date issued/filed: 2016-10-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 08/17/2016) 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-00647-UNJ Document 23 Filed 10/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0647V
Filed: August 17, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
RUBY LORENZO, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 1, 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” or “Program”). Petitioner alleged that as a result of receiving the influenza (“flu”)
vaccine on October 14, 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 17, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for SIRVA. On August 15, 2016, respondent filed a
proffer on award of compensation (“Proffer”) in her Rule 4(c) Report indicating petitioner
should be awarded $85,000.00. Rule 4(c) Rep. at 4. In the Proffer, respondent
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-00647-UNJ Document 23 Filed 10/31/16 Page 2 of 2
represented that petitioner agrees with the proffered award. Id. 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 Proffer,3 the undersigned awards petitioner
a lump sum payment of $85,000.00 in the form of a check payable to petitioner,
Ruby Lorenzo. 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
3 The Proffer is not attached to this decision because it was incorporated into the Rule 4(c) Report, which
contains protected medical information.
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