VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00777
Package ID: USCOURTS-cofc-1_16-vv-00777
Petitioner: Cathy Sutter
Filed: 2016-06-30
Decided: 2017-03-29
Vaccine: influenza
Vaccination date: 2013-10-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80195

AI-assisted case summary:
Cathy Sutter filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 25, 2013. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, concluding that her injury was consistent with SIRVA and caused by the flu vaccine. Respondent also agreed that petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on March 29, 2017, finding her entitled to compensation. Subsequently, a decision awarding damages was issued on March 29, 2017, based on a proffer from respondent. Respondent's proffer indicated that petitioner agreed with the award amount of $80,195.00, which was awarded as a lump sum payment to Cathy Sutter for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00777-0
Date issued/filed: 2017-11-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/29/2017) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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CCaassee 11::1166--vvvv--0000777777--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0131//2390//1177 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-777V
Filed: March 29, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHY SUTTER, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 30, 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 28, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent concluded that petitioner’s alleged injury is consistent with
a SIRVA, and that it was caused in fact by the flu vaccine she received on October 25,
2013. Id. at 4. Respondent further agrees that petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id.
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).

CCaassee 11::1166--vvvv--0000777777--UUNNJJ DDooccuummeenntt 2333 FFiilleedd 0131//2390//1177 PPaaggee 22 ooff 22
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-00777-1
Date issued/filed: 2017-11-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/29/2017) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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CCaassee 11::1166--vvvv--0000777777--UUNNJJ DDooccuummeenntt 2344 FFiilleedd 0131//2390//1177 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-777V
Filed: March 29, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CATHY SUTTER, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 30, 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 29, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On March 28, 2017, respondent filed Respondent’s Rule
4(c) Report and Proffer on Damages (“Respondent’s Report and Proffer”) indicating
petitioner should be awarded $80,195.00. Respondent’s Report and Proffer at 4. 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).

CCaassee 11::1166--vvvv--0000777777--UUNNJJ DDooccuummeenntt 2344 FFiilleedd 0131//2390//1177 PPaaggee 22 ooff 22
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner
a lump sum payment of $80,195.00 in the form of a check payable to petitioner,
Cathy Sutter. 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