VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00770
Package ID: USCOURTS-cofc-1_16-vv-00770
Petitioner: D.R.
Filed: 2016-09-13
Decided: 2017-02-21
Vaccine: influenza
Vaccination date: 2015-08-23
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Petitioner D.R. filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2016, alleging a left shoulder injury caused by an influenza vaccination received on August 23, 2015. The case was assigned to the Special Processing Unit. On September 9, 2016, the respondent filed a Rule 4(c) report conceding that the evidence established the left shoulder injury was caused by the August 23, 2015 flu vaccine and that the injury was compensable under the Vaccine Act, satisfying the six-month sequela requirement. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 13, 2016, finding D.R. entitled to compensation. Subsequently, on September 26, 2016, the respondent filed a proffer on award of compensation, recommending an award of $100,000.00, which petitioner D.R. agreed to. Chief Special Master Dorsey issued a decision on February 21, 2017, awarding D.R. a lump sum payment of $100,000.00, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Amber Diane Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner D.R. alleged a left shoulder injury caused-in-fact by an August 23, 2015, influenza vaccination. The respondent conceded that the evidence established the injury was caused by the flu vaccine and was compensable under the Vaccine Act, satisfying the six-month sequela requirement. The case was decided based on this concession. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 13, 2016, finding petitioner entitled to compensation. A subsequent decision on February 21, 2017, awarded petitioner a lump sum of $100,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a), as agreed upon in a proffer filed by the respondent on September 26, 2016. Petitioner was represented by Amber Diane Wilson and respondent by Christine Mary Becer. The specific theory of causation, medical experts, or mechanism of injury were not detailed in the public decision, as the case was resolved by concession.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00770-0
Date issued/filed: 2017-02-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/13/2016) regarding 12 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00770-UNJ Document 29 Filed 02/16/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-770V
Filed: September 13, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
D.R., *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Chrstine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 29, 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 caused-in-fact by her
August 23, 2015 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 9, 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 a preponderance of
evidence establishes that the injury to petitioner’s left shoulder was caused-in-fact by
the administration of her August 23, 2015, flu vaccine, and that petitioner’s injury is not
due to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent
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-00770-UNJ Document 29 Filed 02/16/17 Page 2 of 2
further agrees that the six months sequela requirement has been satisfied and that
petitioner’s injury is compensable 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-00770-1
Date issued/filed: 2017-02-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/26/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00770-UNJ Document 30 Filed 02/21/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-770V
Filed: September 26, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
D.R., *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Diane Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 29, 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 caused-in-fact by her
August 23, 2015 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On September 13, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injury. On September 26, 2016, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $100,000.00. 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-00770-UNJ Document 30 Filed 02/21/17 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $100,000.00 in the form of a check payable to
petitioner, D.R. 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-00770-UNJ Document 30 Filed 02/21/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
, )
DD.R..R.
)
Petitioner, )
) No. 16-770V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $100,000.00 in the form of a check payable to petitioner.
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, future lost earnings, and future pain and suffering.

Case 1:16-vv-00770-UNJ Document 30 Filed 02/21/17 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
LISA A. WATTS
Senior Trial Attorney
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: September 26, 2016
2