VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00769
Package ID: USCOURTS-cofc-1_16-vv-00769
Petitioner: JoAnn Savage
Filed: 2016-10-11
Decided: 2017-12-11
Vaccine: influenza
Vaccination date: 2015-09-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
JoAnn Savage filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016, alleging she suffered shoulder injuries as a result of an influenza vaccine received on September 1, 2015. The case was assigned to the Special Processing Unit. On October 7, 2016, the respondent filed a Rule 4(c) Report conceding that petitioner was entitled to compensation. The respondent stated that the evidence established that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the flu vaccination. The respondent also noted that no other causes for the SIRVA were identified and that all statutory and jurisdictional requirements were met, including the condition having persisted for more than six months. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 11, 2016, finding JoAnn Savage entitled to compensation. Subsequently, the parties stipulated to damages. On December 11, 2017, Chief Special Master Dorsey issued a decision awarding JoAnn Savage a lump sum payment of $60,000.00, payable by check to petitioner, for all damages available under the Vaccine Act. The decision noted that the proffer of award was included in the Rule 4(c) Report, which contained confidential medical information. Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Althea W. Davis of the U.S. Department of Justice.

Theory of causation field:
Petitioner JoAnn Savage alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 1, 2015. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, caused-in-fact by the vaccination, and that no other causes were identified. All statutory and jurisdictional requirements were met. The case proceeded to a damages decision based on a stipulation. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 11, 2016, and awarded $60,000.00 on December 11, 2017, based on the parties' proffer. Petitioner was represented by John R. Howie, Jr., and respondent by Althea W. Davis. The specific medical mechanism for the SIRVA was not detailed in the public text, and the injury is considered "Off-Table".

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00769-0
Date issued/filed: 2017-01-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/11/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00769-UNJ Document 23 Filed 01/10/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0769V
Filed: October 11, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOANN SAVAGE, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 29, 2016, JoAnn Savage (“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 she suffered shoulder
injuries as a result of an influenza (“flu”) vaccination received on September 1, 2015.
Pet. at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On October 7, 2016, respondent filed a Rule 4(c) Report in which she concedes
that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1. Specifically,
respondent stated that the evidence establishes that petitioner’s injury is consistent with
a shoulder injury related to vaccine administration (“SIRVA”), and that the injury was
caused-in-fact by her flu vaccination on September 1, 2015. Id. at 5-6. Additionally,
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-00769-UNJ Document 23 Filed 01/10/17 Page 2 of 2
respondent stated that no other causes for petitioner’s SIRVA were identified, and that
all statutory and jurisdictional requirements have been met, including having suffered
the condition for more than six months. Id. at 5. Thus, respondent concludes that
entitlement to compensation is appropriate under the terms of the Vaccine 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00769-2
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/11/2016) regarding 15 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00769-UNJ Document 25 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0769V
Filed: October 11, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOANN SAVAGE, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 29, 2016, JoAnn Savage (“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 she suffered shoulder
injuries as a result of an influenza (“flu”) vaccination received on September 1, 2015.
The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On October 11, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On October 7, 2016, respondent filed a proffer on award of compensation
(“Proffer”) in her Rule 4(c) Report indicating petitioner should be awarded $60,000.00.
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-00769-UNJ Document 25 Filed 12/11/17 Page 2 of 2
Rule 4(c) Rep. at 6. 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.
Pursuant to the terms stated in the Proffer,3 the undersigned awards petitioner
a lump sum payment of $60,000.00 in the form of a check payable to petitioner,
JoAnn Savage. 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 included in the Rule 4(c) Report, which
contains confidential 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