VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00921
Package ID: USCOURTS-cofc-1_16-vv-00921
Petitioner: Melinda Holgate
Filed: 2016-11-29
Decided: 2017-03-07
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Melinda Holgate filed a petition for compensation under the National Vaccine Injury Compensation Program on November 29, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) in her right arm as a result of an influenza vaccination administered on September 29, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 28, 2016, conceding that Ms. Holgate is entitled to compensation. The respondent concluded that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the September 29, 2015 flu vaccination. The respondent also agreed that Ms. Holgate met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Melinda Holgate is entitled to compensation. The case was to proceed to determine damages. Paul Brazil of Muller Brazil, LLP, represented the petitioner, and Linda Renzi of the U.S. Department of Justice represented the respondent. The decision on entitlement was issued on March 7, 2017.

Theory of causation field:
Petitioner Melinda Holgate alleged a shoulder injury related to vaccine administration (SIRVA) in her right arm following an influenza vaccination on September 29, 2015. The respondent conceded entitlement, finding the injury consistent with SIRVA and caused-in-fact by the vaccination. The public text does not describe the specific mechanism of injury, expert testimony, or the petitioner's counsel, Paul Brazil, or respondent's counsel, Linda Renzi, beyond their representation. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on March 7, 2017, finding the petitioner entitled to compensation, with damages to be determined. This was an off-Table injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00921-0
Date issued/filed: 2017-03-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/29/2016) 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-00921-UNJ Document 26 Filed 03/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-921V
Filed: November 29, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MELINDA HOLGATE, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 2, 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”) in her right arm as a result of an influenza (“flu”) vaccination
administered on September 29, 2015. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 28, 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 concluded that petitioner’s alleged injury is
consistent with a SIRVA and was caused-in-fact by the September 29, 2015 flu
vaccination. Id. at 4. Respondent further agrees that petitioner has satisfied all legal
prerequisites for compensation under the Vaccine Act. Id.
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-00921-UNJ Document 26 Filed 03/07/17 Page 2 of 2
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