VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00858
Package ID: USCOURTS-cofc-1_16-vv-00858
Petitioner: Brenda Smith
Filed: 2016-10-14
Decided: 2017-01-11
Vaccine: influenza
Vaccination date: 2015-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 

AI-assisted case summary:
Brenda Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on October 9, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA and that it was caused-in-fact by the flu vaccination. The respondent also agreed that the statutory six-month sequela requirement was satisfied and that the petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Brenda Smith is entitled to compensation. The case was proceeding to determine damages. Maximillian J. Muller represented the petitioner, and Lara Ann Englund represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Brenda Smith alleged a shoulder injury related to vaccine administration (SIRVA) following an October 9, 2015 influenza vaccination. The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccination, and that the statutory six-month sequela requirement was met. The respondent also agreed that petitioner met all legal prerequisites for compensation. The Chief Special Master accepted the respondent's concession and found petitioner entitled to compensation. The case was proceeding to determine damages. The theory of causation is considered Off-Table. The public decision does not name experts or describe the specific mechanism of injury. Attorneys involved were Maximillian J. Muller for the petitioner and Lara Ann Englund for the respondent. The decision date was January 11, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00858-0
Date issued/filed: 2017-01-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/14/2016) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00858-UNJ Document 19 Filed 01/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-858V
Filed: October 14, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRENDA SMITH, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 21, 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 as a result of the
administration of her October 9, 2015 influenza vaccination. Petition at 1. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 11, 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 “opines that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) . . . [and]
further agrees that petitioner’s SIRVA was caused-in-fact by the flu vaccination
administered on October 9, 2015. No other causes for petitioner’s SIRVA were
identified.” Id. at 3. Respondent further agrees that the statutory six month sequela
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-00858-UNJ Document 19 Filed 01/11/17 Page 2 of 2
requirement has been satisfied 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