VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00656
Package ID: USCOURTS-cofc-1_16-vv-00656
Petitioner: Joann Brenner
Filed: 2016-09-16
Decided: 2017-03-02
Vaccine: influenza
Vaccination date: 2014-11-01
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Joann Brenner filed a petition for compensation under the National Vaccine Injury Compensation Program on June 3, 2016, alleging she suffered a left shoulder injury following her November 1, 2014 influenza vaccination. The case was assigned to the Special Processing Unit. On September 15, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's alleged left shoulder injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine received on November 1, 2014. The respondent also agreed that no other cause for the injury was identified and that the petitioner's SIRVA and its sequela persisted for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2016, finding Joann Brenner entitled to compensation. Subsequently, on November 15, 2016, the parties submitted a proffer on award of compensation. The respondent proffered an award of $90,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which the petitioner agreed to. Chief Special Master Nora Beth Dorsey issued a decision on March 2, 2017, awarding Joann Brenner a lump sum payment of $90,000.00 in the form of a check payable to her, representing compensation for all damages. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Glenn MacLeod of the U.S. Department of Justice.

Theory of causation field:
Petitioner Joann Brenner alleged a left shoulder injury following her November 1, 2014 influenza vaccination. The respondent conceded that the injury was consistent with SIRVA and causally related to the influenza vaccine, with no other identified cause. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. The theory of causation is that the influenza vaccine administered on November 1, 2014, caused a SIRVA injury. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2016, and a decision awarding damages on March 2, 2017. The award was a lump sum of $90,000.00. Petitioner was represented by Maximillian Muller (Muller Brazil, LLP) and respondent by Glenn MacLeod (U.S. Department of Justice).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00656-0
Date issued/filed: 2016-11-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/16/2016) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00656-UNJ Document 20 Filed 11/17/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-656V
Filed: September 16, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOANN BRENNER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 3, 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”). Petitioner alleges that she suffered a left shoulder injury following her November
1, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 15, 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 left
shoulder injury is consistent with a SIRVA injury, and that it was caused-in-fact by the
flu vaccine she received on November 1, 2014.” Id. at 3. Respondent further agrees
that no other cause for petitioner’s injury was identified, that petitioner’s SIRVA and its
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-00656-UNJ Document 20 Filed 11/17/16 Page 2 of 2
sequela persisted for more than six months, and that petitioner has satisfied all legal
prerequisites for compensation under the Vaccine 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-00656-1
Date issued/filed: 2017-03-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/15/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00656-UNJ Document 26 Filed 03/02/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-656V
Filed: November 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOANN BRENNER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 3, 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”). Petitioner alleges that she suffered a left shoulder injury following her November
1, 2014 influenza vaccination. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 16, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On November 15, 2016, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$90,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-00656-UNJ Document 26 Filed 03/02/17 Page 2 of 4
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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $90,000.00 in the form of a check payable to
petitioner, Joann Brenner. 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-00656-UNJ Document 26 Filed 03/02/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * *
*
JOANN BRENNER, *
*
Petitioner, *
*
v. * No. 16-656V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 16, 2016, the Chief Special Master found that a preponderance of the
medical evidence indicates that petitioner suffered a left shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the influenza (“flu”) vaccination she
received on November 1, 2014. The parties now address the amount of compensation to be
awarded in this case.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00, which 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, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses and future pain and suffering.

Case 1:16-vv-00656-UNJ Document 26 Filed 03/02/17 Page 4 of 4
II. Form of the Award
Petitioner is a competent adult. Accordingly, the parties recommend that the
compensation provided to petitioner should be made through a lump sum payment of $90,000.00
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
MICAHEL P. MILMOE
Senior Trial Counsel
Torts Branch, Civil Division
s/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: November 15, 2016
2