VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00913
Package ID: USCOURTS-cofc-1_16-vv-00913
Petitioner: Cheryl Stephens
Filed: 2016-10-25
Decided: 2017-02-14
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 115019

AI-assisted case summary:
Cheryl Stephens filed a petition for compensation on August 1, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2015. The respondent filed a Rule 4(c) Report on October 24, 2016, conceding that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccination. The respondent also stated that no other causes for the petitioner's SIRVA were identified 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 on October 25, 2016, finding petitioner entitled to compensation. Subsequently, on February 14, 2017, Chief Special Master Dorsey issued a decision awarding damages. The respondent had filed a proffer indicating the petitioner should be awarded $115,019.92, and the petitioner agreed with this amount. The court awarded Cheryl Stephens a lump sum payment of $115,019.92, representing compensation for all damages available under § 300aa-15(a). The attorneys for the petitioner were Amber D. Wilson of Maglio Christopher and Toale, PA, and the attorney for the respondent was Lara A. Englund of the U.S. Department of Justice.

Theory of causation field:
Off-Table. Petitioner Cheryl Stephens received an influenza vaccine on September 29, 2015. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA, caused-in-fact by the vaccination, and that no other causes were identified. All statutory and jurisdictional requirements were met. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 25, 2016, finding petitioner entitled to compensation. A decision awarding damages was issued on February 14, 2017. The respondent proffered an award of $115,019.92, which the petitioner accepted. The award was a lump sum payment of $115,019.92. Attorneys: Amber D. Wilson for petitioner, Lara A. Englund for respondent. Special Master: Nora Beth Dorsey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00913-0
Date issued/filed: 2017-02-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/25/2016) regarding 11 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00913-UNJ Document 16 Filed 02/13/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0913V
Filed: October 25, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL STEPHENS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 1, 2016, Cheryl Stephens (“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 29, 2015. Pet. at 1. The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On October 24, 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”), and that the injury was
caused-in-fact by her flu vaccination on September 29, 2015. Id. at 3. Additionally,
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-00913-UNJ Document 16 Filed 02/13/17 Page 2 of 2
respondent stated that no other causes for petitioner’s SIRVA were identified, and that
all statutory and jurisdictional requirements have 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-00913-1
Date issued/filed: 2017-02-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/25/2016) regarding 12 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00913-UNJ Document 17 Filed 02/14/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0913V
Filed: October 25, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CHERYL STEPHENS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber D. Wilson, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 1, 2016, Cheryl Stephens (“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 alleged that she
suffered a shoulder injury as a result of an influenza (“flu”) vaccination received on
September 29, 2015. The case was assigned to the Special Processing Unit (“SPU”) of
the Office of Special Masters.
On October 25, 2016, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On October 24, 2016, respondent filed a proffer on award of compensation
(“Proffer”) in her Rule 4(c) Report indicating petitioner should be awarded $115,019.92.
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-00913-UNJ Document 17 Filed 02/14/17 Page 2 of 2
Rule 4(c) Rep. at 4. In the Proffer, respondent represented that petitioner agrees with
the 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 Proffer,3 the undersigned awards petitioner
a lump sum payment of $115,019.92 in the form of a check payable to petitioner,
Cheryl Stephens. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The Proffer is not attached to this decision because it was included in the Rule 4(c) Report, which
contains confidential medical information.
4 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