VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00667
Package ID: USCOURTS-cofc-1_16-vv-00667
Petitioner: Margaret Elledge
Filed: 2016-10-21
Decided: 2017-04-27
Vaccine: influenza
Vaccination date: 2014-11-03
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Margaret Elledge filed a petition for compensation under the National Vaccine Injury Compensation Program on June 6, 2016, alleging that her receipt of an influenza vaccine on November 3, 2014, caused a right shoulder injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 21, 2016, conceding that the petitioner's alleged injury was consistent with a Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused-in-fact by the flu vaccine. The respondent also agreed that the SIRVA and its sequela persisted for more than six months after vaccination. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 13, 2017, finding Margaret Elledge entitled to compensation. Subsequently, on December 29, 2016, the parties filed a stipulation and proffer regarding the award of compensation. The respondent proffered an award of $110,000.00, representing all elements of compensation available under the Vaccine Act, to which the petitioner agreed. Chief Special Master Dorsey issued a Decision Awarding Damages on April 27, 2017, awarding Margaret Elledge a lump sum payment of $110,000.00, payable by check to her. The decision noted that Margaret Elledge is a competent adult and that evidence of guardianship was not required. The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). Paul R. Brazil represented the petitioner, and Amy Paula Kokot represented the respondent. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Theory of causation field:
Margaret Elledge alleged that an influenza vaccine administered on November 3, 2014, caused a right shoulder injury. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), caused-in-fact by the flu vaccine, and persisted for more than six months. The case proceeded under the "Table" theory, as the respondent conceded entitlement. Chief Special Master Nora Beth Dorsey ruled on entitlement on February 13, 2017, finding petitioner entitled to compensation. A stipulation and proffer filed on December 29, 2016, proposed an award of $110,000.00, representing all damages under 42 U.S.C. § 300aa-15(a), which was accepted by the petitioner. Chief Special Master Dorsey issued a decision awarding this amount on April 27, 2017. Petitioner was represented by Paul R. Brazil, and respondent was represented by Amy Paula Kokot.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00667-0
Date issued/filed: 2017-02-13
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/21/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00667-UNJ Document 24 Filed 02/13/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0667V
Filed: October 21, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARGARET ELLEDGE, *
*
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.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 6, 2016, Margaret Elledge (“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 her receipt of an influenza (“flu”)
vaccine on November 3, 2014, caused her to suffer a right shoulder injury. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 21, 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 “recommends that compensation be awarded
because petitioner’s alleged injury is consistent with a shoulder injury related to vaccine
administration (“SIRVA”), which was caused-in-fact by the flu vaccine. Id. at 1.
Respondent further agrees that petitioner’s SIRVA and its sequela persisted for more
than six months after the administration of the vaccine. Id. at 4.
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-00667-UNJ Document 24 Filed 02/13/17 Page 2 of 2
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-00667-1
Date issued/filed: 2017-04-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/29/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00667-UNJ Document 30 Filed 04/27/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0667V
Filed: December 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARGARET ELLEDGE, *
*
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.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 6, 2016, Margaret Elledge (“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 an injury to her right
shoulder as a result of receiving an influenza (“flu”) vaccine on November 3, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 21, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On December 29, 2016, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$110,000.00. 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-00667-UNJ Document 30 Filed 04/27/17 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 $110,000.00, in the form of a check payable to
petitioner, Margaret Elledge. 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-00667-UNJ Document 30 Filed 04/27/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARGARET ELLEDGE, )
)
Petitioner, )
) No. 16-667V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 21, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $110,000.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $110,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to
move the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future pain and suffering, and future lost wages.
1

Case 1:16-vv-00667-UNJ Document 30 Filed 04/27/17 Page 4 of 4
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/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 616-4118
Dated: December 29, 2016
2