VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00696
Package ID: USCOURTS-cofc-1_16-vv-00696
Petitioner: Sophie Rose
Filed: 2016-08-15
Decided: 2017-04-27
Vaccine: influenza
Vaccination date: 2013-10-17
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 115000

AI-assisted case summary:
Sophie Rose filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury as a result of an influenza vaccination administered on October 17, 2013. The respondent conceded that petitioner suffered a non-Table injury of SIRVA, which was causally related to the flu vaccination. The respondent also confirmed that no other causes were identified for the SIRVA and that the petitioner met the statutory requirements for compensation. A ruling on entitlement was issued on August 15, 2016, finding Sophie Rose entitled to compensation. Subsequently, on January 6, 2017, the respondent filed a proffer on award of compensation, recommending an award of $115,000.00. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding Sophie Rose a lump sum payment of $115,000.00 for all damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00696-0
Date issued/filed: 2016-10-31
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/15/2016) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00696-UNJ Document 20 Filed 10/31/16 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0696V
Filed: August 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SOPHIE ROSE, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 14, 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 as a result of her
October 17, 2013 influenza (“flu”) vaccination. Petition at 1-3. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On August 10, 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 “concluded that petitioner suffered a non-Table injury of
SIRVA and that the preponderance of the medical evidence indicates that the injury was
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-00696-UNJ Document 20 Filed 10/31/16 Page 2 of 2
causally related to the flu vaccination she received on September 30, 20133.” Id. at 6.
Respondent further agrees that no other causes have been identified for petitioner’s
SIRVA and “petitioner met the statutory requirements by suffering the condition for more
than six months.” Id. Accordingly, respondent indicates that “based on the record as it
now stands, compensation is appropriate, as petitioner has satisfied all legal
prerequisites for compensation under the 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
3 The Rule 4 report incorrectly identifies the date of vaccination as September 30, 2013. The date of
vaccination is October 17, 2013. See Pet. Ex. 1 at 1.
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00696-1
Date issued/filed: 2017-04-27
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/06/2017) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00696-UNJ Document 34 Filed 04/27/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0696V
Filed: January 6, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SOPHIE ROSE, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 14, 2016, Sophie Rose (“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 as a
result of an influenza (“flu”) vaccine that was administered to her on October 17, 2013.
Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 15, 2016, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On January 6, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $115,000.00. Proffer
at 1. 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-00696-UNJ Document 34 Filed 04/27/17 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 $115,000.00, in the form of a check payable to
petitioner, Sophie Rose. 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-00696-UNJ Document 34 Filed 04/27/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
SOPHIE ROSE, *
*
Petitioner, *
*
v. * No. 16-696V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her August 15, 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 17, 2013. 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 $115,000.00, which amount represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 $115,000.00, payable to petitioner.
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-00696-UNJ Document 34 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
Deputy Director
Torts Branch, Civil Division
LINDA S. RENZI
Senior Trial Counsel
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: January 6, 2017
2