VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00896
Package ID: USCOURTS-cofc-1_16-vv-00896
Petitioner: Catherine Gonzales
Filed: 2016-07-26
Decided: 2019-11-01
Vaccine: influenza
Vaccination date: 2005-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 393964

AI-assisted case summary:
Catherine Gonzales filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2005. The respondent conceded that the petitioner was entitled to compensation, agreeing that the evidence showed her injury was consistent with a SIRVA caused by the flu vaccine. A ruling on entitlement was issued on September 12, 2018, finding her eligible for compensation. Subsequently, on August 2, 2019, the respondent filed a proffer on award of compensation, which the petitioner agreed to. The court awarded Catherine Gonzales a total of $393,964.66. This amount included $4,085.70 for projected unreimbursable vaccine-related expenses, $285,328.07 for lost earnings, $100,000.00 for pain and suffering, and $4,550.89 for past unreimbursed expenses. The award was made as a lump sum payment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00896-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/12/2018) regarding 63 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-00896-UNJ Document 65 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-896V
Filed: September 12, 2018
UNPUBLISHED
CATHERINE GONZALES,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 26, 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 left shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on September
21, 2005. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On September 7, 2018, 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 has concluded that preponderant evidence
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-00896-UNJ Document 65 Filed 10/24/18 Page 2 of 2
indicates that petitioner’s alleged injury is consistent with a SIRVA caused by the flu
vaccine she received on September 21, 2015. Id. at 4. Respondent further agrees that
petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.
Id. at 4-5.
In view of respondent’s position 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00896-1
Date issued/filed: 2019-11-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/02/2019) regarding 81 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:16-vv-00896-UNJ Document 85 Filed 11/01/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-896V
Filed: August 2, 2019
UNPUBLISHED
CATHERINE GONZALES,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 26, 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”) after receiving an influenza (“flu”) vaccine administered on
September 21, 2005. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 12, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On August 2, 2019, respondent filed a proffer on
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00896-UNJ Document 85 Filed 11/01/19 Page 2 of 4
award of compensation (“Proffer”) indicating petitioner should be awarded $393,964.66
consisting of $4,085.70 for projected unreimbursable vaccine-related expenses,
$285,328.07 for lost earnings, $100,000.00 for pain and suffering, and $4,550.89 for
past unreimbursed expenses. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. 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 $393,964.66 (consisting of $4,085.70 for
projected unreimbursable vaccine-related expenses, $285,328.07 for lost
earnings, $100,000.00 for pain and suffering, and $4,550.89 for past unreimbursed
expenses) in the form of a check payable to petitioner, Catherine Gonzales. This
amount represents compensation for all damages that would be available under § 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-00896-UNJ Document 85 Filed 11/01/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
CATHERINE GONZALES, )
)
) No. 16-896V
Petitioner, ) Chief Special Master
) Nora Beth Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 7, 2018, respondent filed his Vaccine Rule 4(c) report conceding
entitlement to compensation in this matter. On September 12, 2018, the Court entered its Ruling
on Entitlement, finding petitioner Catherine Gonzales entitled to Vaccine Act compensation.
Respondent now proffers that petitioner receive a compensation award consisting of a lump sum
of $393,964.66 in the form of a check payable to petitioner, Catherine Gonzales.1 This amount
consists of $4,085.70 for projected unreimbursable vaccine-related expenses, $285,328.07 for
lost earnings, $100,000.00 for pain and suffering, and $4,550.89 for past unreimbursed expenses,
and represents compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) to
which petitioner is entitled.2
1 Petitioner is a competent adult. No guardianship is required.
2 Should petitioner die prior to entry of judgment, respondent would oppose any award for
future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
1

Case 1:16-vv-00896-UNJ Document 85 Filed 11/01/19 Page 4 of 4
Petitioner agrees with the proffered award of $393,964.66.3
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-4122
Dated: August 2, 2019
3 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
2