VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00882
Package ID: USCOURTS-cofc-1_16-vv-00882
Petitioner: Karen Garrett
Filed: 2016-07-25
Decided: 2017-04-20
Vaccine: influenza
Vaccination date: 2015-09-25
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 98000

AI-assisted case summary:
Karen Garrett filed a petition for compensation on July 25, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2015. The case was assigned to the Special Processing Unit. On November 10, 2016, the respondent filed a Rule 4(c) Report conceding that Ms. Garrett was entitled to compensation. The respondent stated that the evidence established that Ms. Garrett's injury was consistent with SIRVA and that all statutory and jurisdictional requirements were met, including the condition having persisted for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement finding Ms. Garrett entitled to compensation. Subsequently, on December 9, 2016, the respondent filed a proffer on award of compensation, proposing an award of $98,000.00, which petitioner agreed to. On April 20, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding Karen Garrett a lump sum payment of $98,000.00, payable by check to Ms. Garrett. This amount accounted for all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Michael G. McLaren of Black, McLaren, et al., and respondent was represented by Adriana R. Teitel of the U.S. Department of Justice.

Theory of causation field:
Karen Garrett filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 25, 2015. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and that statutory and jurisdictional requirements were met. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. Petitioner was represented by Michael G. McLaren, and respondent was represented by Adriana R. Teitel. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 10, 2016, based on the respondent's concession. On December 9, 2016, respondent filed a proffer for an award of $98,000.00, which petitioner accepted. Chief Special Master Dorsey issued a decision on April 20, 2017, awarding Karen Garrett a lump sum payment of $98,000.00. The theory of causation is based on the Vaccine Injury Table (SIRVA).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00882-0
Date issued/filed: 2017-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2016) regarding 14 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00882-UNJ Document 22 Filed 03/01/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0882V
Filed: November 10, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KAREN GARRETT, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black, McLaren, et al., Memphis, TN, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 25, 2016, Karen Garrett (“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” or “Program”). Petitioner alleges that she suffered a shoulder
injury as a result of an influenza (“flu”) vaccination received on September 25, 2015.
Pet. at 1. The case was assigned to the Special Processing Unit (“SPU”) of the Office
of Special Masters.
On November 10, 2016, respondent filed a Rule 4(c) Report in which she
concedes that petitioner is entitled to compensation in this case. Rule 4(c) Rep. at 1.
Specifically, respondent stated that the evidence establishes that petitioner’s injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”). Id. at 4.
Additionally, respondent stated that all statutory and jurisdictional requirements have
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-00882-UNJ Document 22 Filed 03/01/17 Page 2 of 2
been met, including having suffered the condition for more than six months. Id. Thus,
respondent concludes that entitlement to compensation is appropriate under the terms
of the Vaccine Act. Id.
In view of respondent’s concession and the evidence of record, 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-00882-1
Date issued/filed: 2017-04-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/13/2016) regarding 17 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00882-UNJ Document 27 Filed 04/20/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0882V
Filed: December 13, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KAREN GARRETT, *
*
Petitioner, * Damages Decision Based on Proffer;
* Influenza (“Flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black, McLaren, et al., Memphis, TN, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 25, 2016, Karen Garrett (“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 alleged that she suffered a shoulder injury as a
result of an influenza (“flu”) vaccination received on September 25, 2015. The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
On November 10, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On December 9, 2016, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $98,000.00. Proffer at 1. In the
Proffer, respondent represents that petitioner agrees with the proffered award. Id.
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-00882-UNJ Document 27 Filed 04/20/17 Page 2 of 4
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 $98,000.00 in the form of a check payable to
petitioner, Karen Garrett. This amount accounts for all elements of compensation
under § 300aa-15(a) to which petitioner would be entitled.
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-00882-UNJ Document 27 Filed 04/20/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KAREN GARRETT,
Petitioner,
v.
No. 16-882v
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, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. On the same day, November 10, 2016, the Chief Special Master issued a
Ruling on Entitlement adopting respondent’s recommendation.
Respondent proffers that based on the evidence of record, petitioner should be awarded
$98,000.00. 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment as described below, and requests that the special master’s decision
and the Court’s judgment award the following:1
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for appropriate
relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and
future lost wages.
1

Case 1:16-vv-00882-UNJ Document 27 Filed 04/20/17 Page 4 of 4
A lump sum payment of $98,000.00 in the form of a check payable to petitioner,
Karen Garrett. This amount accounts for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner would be entitled.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
LYNN E. RICCIARDELLA
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: December 9, 2016
2