VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00757
Package ID: USCOURTS-cofc-1_16-vv-00757
Petitioner: Crisanne Hitler
Filed: 2016-06-28
Decided: 2016-12-06
Vaccine: influenza
Vaccination date: 
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
On June 28, 2016, Crisanne Hitler filed a Vaccine Program petition alleging that an influenza vaccine administered in her right shoulder caused a shoulder injury related to vaccine administration, or SIRVA. The available public entitlement and damages documents do not state the vaccination date or describe a detailed clinical course, but they do identify the injury as a right-shoulder SIRVA and show that the matter proceeded in the Special Processing Unit.

Respondent conceded entitlement in a Rule 4(c) report filed October 31, 2016. The report stated that Hitler's alleged injury was consistent with SIRVA and that she had satisfied the legal prerequisites for compensation under the Vaccine Act. Chief Special Master Nora Beth Dorsey accepted the concession and found Hitler entitled to compensation on November 1, 2016.

Respondent then filed a damages proffer on December 5, 2016, representing that Hitler agreed to the proposed award. On December 6, 2016, Chief Special Master Dorsey awarded a lump sum payment of $125,000.00, payable to Crisanne Hitler, for all damages available under section 15(a). The proffer stated that Hitler was a competent adult and that no guardianship evidence was required. She was represented by Maximillian Muller of Muller Brazil, LLP.

Theory of causation field:
Influenza vaccine administered in the right shoulder (date not stated in the available public ruling/proffer) causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded in a Rule 4(c) report that the alleged injury was consistent with SIRVA and that legal prerequisites were satisfied. Entitlement granted by Chief Special Master Nora Beth Dorsey on November 1, 2016; damages awarded December 6, 2016. Award: $125,000.00 lump sum payable to Crisanne Hitler for all section 15(a) damages. Attorney: Maximillian Muller, Muller Brazil, LLP, Dresher, PA.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00757-0
Date issued/filed: 2017-02-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/01/2016) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00757-UNJ Document 31 Filed 02/16/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-757V
Filed: November 1, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CRISANNE HITLER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 28, 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 as a result of an influenza (“flu”) vaccine in her right
shoulder, she suffered a shoulder injury related to vaccine administration (“SIRVA”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 31, 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 injury
is consistent with a SIRVA. Id. at 3. Respondent further agrees that petitioner has
satisfied all legal prerequisites for compensation under the Vaccine Act. 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-00757-UNJ Document 31 Filed 02/16/17 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-00757-1
Date issued/filed: 2017-04-25
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/06/2016) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00757-UNJ Document 33 Filed 04/25/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-757V
Filed: December 6, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CRISANNE HITLER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 28, 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 as a result of an influenza (“flu”) vaccine in her right
shoulder, she suffered a shoulder injury related to vaccine administration (“SIRVA”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 1, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On December 5, 2016, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$125,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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.
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-00757-UNJ Document 33 Filed 04/25/17 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $125,000.00 in the form of a check payable to
petitioner, Crisanne Hitler. 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-00757-UNJ Document 33 Filed 04/25/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CRISANNE HITLER, )
)
Petitioner, ) No. 16-757V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on October 31, 2016, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $125,000.00. This
represents all elements of competition to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Special Master’s decision
and the Court’s judgment award the following:
A lump sum of $125,000.00 in the form of a check payable to petitioner, Crisanne
Hitler. This amounts accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
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, future lost earnings, and future pain and suffering.

Case 1:16-vv-00757-UNJ Document 33 Filed 04/25/17 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Gordon Shemin
GORDON SHEMIN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4208
Dated: December 5, 2016 Fax: (202) 353-2988
2