VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00960
Package ID: USCOURTS-cofc-1_16-vv-00960
Petitioner: Flora Adler
Filed: 2016-11-10
Decided: 2017-03-07
Vaccine: Prevnar 13
Vaccination date: 2015-06-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 102189

AI-assisted case summary:
Flora Adler filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the Prevnar 13 vaccine on June 22, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Adler was entitled to compensation. The respondent stated that the evidence established her injury was consistent with SIRVA and was caused-in-fact by the vaccine, with no other causes identified. The respondent also confirmed that all statutory and jurisdictional requirements were met, including the injury having persisted for more than six months. Based on the respondent's concession and the record, the Chief Special Master found Ms. Adler entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had filed a proffer on award of compensation, indicating Ms. Adler should be awarded $102,189.04, with petitioner agreeing to this amount. The court awarded Ms. Adler a lump sum payment of $102,189.04, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-00960-0
Date issued/filed: 2017-03-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/10/2016) regarding 21 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00960-UNJ Document 30 Filed 03/02/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0960V
Filed: November 10, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FLORA ADLER, *
*
Petitioner, * Ruling on Entitlement; Concession;
* Prevnar 13 Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
David P. Murphy, Esq., Greenfield, IN, for petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 8, 2016, Flora Adler (“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 receiving the Prevnar 13 vaccine on June 22, 2015. Am. 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”), and that
the injury was caused-in-fact by the Prevnar 13 vaccine she received on June 22, 2015.
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-00960-UNJ Document 30 Filed 03/02/17 Page 2 of 2
Id. at 3. Additionally, 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-00960-1
Date issued/filed: 2017-03-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/10/2016) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00960-UNJ Document 31 Filed 03/07/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0960V
Filed: November 10, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
FLORA ADLER, *
*
Petitioner, * Damages Decision Based on Proffer;
* Prevnar 13 Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
David P. Murphy, Esq., Greenfield, IN, for petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 8, 2016, Flora Adler (“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 receiving the Prevnar 13 vaccine on June 22, 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 November 10, 2016, respondent filed a proffer on award of
compensation (“Proffer”) in her Rule 4(c) Report indicating petitioner should be awarded
$102,189.04. Rule 4(c) Rep. at 3-4. In the Proffer, respondent represented that
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-00960-UNJ Document 31 Filed 03/07/17 Page 2 of 2
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 $102,189.04 in the form of a check payable to petitioner,
Flora Adler. 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