VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00831
Package ID: USCOURTS-cofc-1_16-vv-00831
Petitioner: Susan J. Swanson
Filed: 2016-11-10
Decided: 2017-07-28
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55620

AI-assisted case summary:
On July 13, 2016, Susan J. Swanson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 23, 2014. The case was assigned to the Special Processing Unit. On November 9, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA, caused by the flu vaccination, and that no other cause was identified. The respondent also agreed that petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 10, 2016, finding petitioner entitled to compensation. Subsequently, on February 7, 2017, the parties submitted a proffer on award of compensation. The respondent proffered that petitioner should be awarded $55,620.00, representing all elements of compensation available under the Vaccine Act, and petitioner agreed. Chief Special Master Dorsey issued a decision on July 28, 2017, awarding petitioner a lump sum payment of $55,620.00, payable by check to Susan J. Swanson, as compensation for all damages. Petitioner was noted to be a competent adult. Douglas Lee Burdette represented the petitioner, and Alice Isabel Legat Tayman and Traci R. Patton represented the respondent. Chief Special Master Nora Beth Dorsey presided over the case.

Theory of causation field:
Petitioner Susan J. Swanson alleged a shoulder injury related to vaccine administration (SIRVA) following an October 23, 2014, influenza vaccination. The respondent conceded that the injury was consistent with SIRVA, caused by the vaccination, and that no other cause was identified. The respondent further conceded that petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. The case proceeded as a Table claim. Entitlement was granted on November 10, 2016, by Chief Special Master Nora Beth Dorsey. A subsequent proffer on award of compensation was filed on February 7, 2017, by the respondent, agreeing to an award of $55,620.00. This amount was awarded by Chief Special Master Dorsey on July 28, 2017, as compensation for all damages. Petitioner was represented by Douglas Lee Burdette, and the respondent was represented by Alice Isabel Legat Tayman and Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00831-0
Date issued/filed: 2017-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00831-UNJ Document 29 Filed 03/01/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-831V
Filed: November 10, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSAN J. SWANSON, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for petitioner.
Alice Isabel Legat Tayman, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 13, 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”) following her October 23, 2014 influenza vaccination. Petition
at 1. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On November 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 determined that petitioner’s alleged
injury is consistent with a shoulder injury related to vaccine administration (SIRVA), and
it was caused by the flu vaccination that petitioner received on October 23, 2014.” Id. at
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-00831-UNJ Document 29 Filed 03/01/17 Page 2 of 2
4. Respondent further agrees that no other cause for petitioner’s injury has been
identified, that petitioner suffered residual effects of her injury for more than six months,
and that petitioner has satisfied all legal prerequisites for compensation 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00831-1
Date issued/filed: 2017-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/07/2017) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00831-UNJ Document 33 Filed 07/28/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-831V
Filed: February 7, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUSAN J. SWANSON, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 13, 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”) following receipt of her October 23, 2014 influenza vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 10, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On February 7, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $55,620.00.
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-00831-UNJ Document 33 Filed 07/28/17 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 $55,620.00 in the form of a check payable to
petitioner, Susan J. Swanson. 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-00831-UNJ Document 33 Filed 07/28/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUSAN J. SWANSON,
)
)
Petitioner,
) No. 16-831V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On November 10, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $55,620.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $55,620.00, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings
and future pain and suffering.

Case 1:16-vv-00831-UNJ Document 33 Filed 07/28/17 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: February 7, 2017