VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00782
Package ID: USCOURTS-cofc-1_16-vv-00782
Petitioner: Irene Deniston
Filed: 2016-06-30
Decided: 2017-06-14
Vaccine: influenza
Vaccination date: 2014-10-21
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Irene Deniston filed a petition for compensation on June 30, 2016, alleging that she suffered right shoulder injuries caused-in-fact by an influenza vaccine she received on October 21, 2014. The case was assigned to the Special Processing Unit. On October 31, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine. The respondent also agreed that no other causes for the SIRVA were identified and that the petitioner suffered the sequelae of her injury for more than six months. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 31, 2016, finding Ms. Deniston entitled to compensation. Subsequently, on January 12, 2017, the respondent filed a proffer on award of compensation, recommending $75,000.00, which petitioner agreed to. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP. Respondent was represented by Alexis B. Babcock in the entitlement ruling and by Colleen Clemons Hartley in the damages decision. On June 14, 2017, Chief Special Master Dorsey issued a decision awarding Irene Deniston a lump sum payment of $75,000.00, payable by check to petitioner, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).

Theory of causation field:
Petitioner Irene Deniston alleged that an influenza vaccine administered on October 21, 2014, caused-in-fact her right shoulder injuries. The respondent conceded that the injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused by the flu vaccine, with no other identified causes, and that the sequelae lasted more than six months. The Special Master found entitlement based on this concession. The case proceeded to an award based on a proffer filed January 12, 2017, by respondent, recommending $75,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey issued the final decision on June 14, 2017, awarding a lump sum of $75,000.00. The theory of causation was considered "Off-Table." Petitioner was represented by Paul R. Brazil and respondent by Alexis B. Babcock and Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00782-0
Date issued/filed: 2017-02-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/31/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00782-UNJ Document 26 Filed 02/15/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0782V
Filed: October 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IRENE DENISTON, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 30, 2016, Irene Deniston (“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 right shoulder injuries
that were caused-in-fact by an influenza (“flu”) vaccine on October 21, 2014. 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 states that “petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (‘SIRVA’), and that was
caused in fact by the flu vaccine she received on October 21, 2014. Id. at 5-6.
Respondent further agrees that no other causes for petitioner’s SIRVA were identified
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-00782-UNJ Document 26 Filed 02/15/17 Page 2 of 2
and the records show that petitioner suffered the sequela of her injury for more than six
months. Id. at 6.
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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00782-1
Date issued/filed: 2017-06-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 01/12/2017) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00782-UNJ Document 32 Filed 06/14/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0782V
Filed: January 12, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IRENE DENISTON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 30, 2016, Irene Deniston (“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 right shoulder injuries
that were caused-in-fact by an influenza (“flu”) vaccine on October 21, 2014. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 31, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On January 12, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $75,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-00782-UNJ Document 32 Filed 06/14/17 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,000.00, in the form of a check payable to
petitioner, Irene Deniston. 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-00782-UNJ Document 32 Filed 06/14/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
IRENE DENISTON, )
)
Petitioner, )
) No. 16-782V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,000.00, 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
Petitioner is a competent adult. Accordingly, respondent recommends that the
compensation provided to petitioner should be made through a lump sum payment of $75,000.00,
in the form of a check payable to petitioner. Petitioner agrees.
1 Should petitioner die prior to the 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.
1

Case 1:16-vv-00782-UNJ Document 32 Filed 06/14/17 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
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
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) 616-3644
Fax: (202) 353-2988
DATED: January 12, 2017
2