VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00972
Package ID: USCOURTS-cofc-1_16-vv-00972
Petitioner: Donnie Jordan
Filed: 2016-08-10
Decided: 2017-03-16
Vaccine: influenza
Vaccination date: 2015-09-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Donnie Jordan filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of his September 11, 2015, influenza vaccination. The respondent, represented by Christine Mary Becer of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Mr. Jordan's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent further agreed that the statutory six-month sequela requirement had been satisfied and concluded that the injury was compensable under the Act. On November 2, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Mr. Jordan entitled to compensation based on the respondent's concession. Subsequently, on December 2, 2016, the respondent filed a proffer on the award of compensation, indicating that Mr. Jordan should be awarded $70,000.00, representing all available damages, and that Mr. Jordan agreed with this proffered award. On March 16, 2017, Chief Special Master Dorsey issued a decision awarding Mr. Jordan a lump sum payment of $70,000.00, payable by check to Donnie Jordan, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Donnie Jordan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 11, 2015. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, satisfying the statutory sequela requirement. The case was decided based on this concession, with no specific medical experts or detailed causation mechanism described in the public text. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 2, 2016, and awarded $70,000.00 on March 16, 2017, based on a stipulation and proffer between petitioner's counsel John Robert Howie, Jr. and respondent's counsel Christine Mary Becer. The award represents compensation for all available damages.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00972-0
Date issued/filed: 2017-02-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2016) regarding 12 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00972-UNJ Document 23 Filed 02/16/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-972V
Filed: November 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONNIE JORDAN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 10, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of his September 11, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On October 31, 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 has concluded “that petitioner’s alleged injury
is consistent with a shoulder injury related to vaccine administration (‘SIRVA’) and
recommends that compensation be awarded in this case.” Id. Respondent further
agrees “that a preponderance of evidence establishes that the injury to petitioner’s left
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-00972-UNJ Document 23 Filed 02/16/17 Page 2 of 2
shoulder was caused-in-fact by the administration of his September 11, 2015, flu
vaccine, and that petitioner’s injury is not due to factors unrelated to the administration
of the flu vaccine.” Id. at 3-4. Respondent also indicates that the “the statutory six
month sequela requirement has been satisfied” and concludes that petitioner’s “left
shoulder injury is compensable as a ‘caused-in-fact’ injury under the Act.” Id. at 4.
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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-00972-1
Date issued/filed: 2017-03-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/02/2016) regarding 15 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-00972-UNJ Document 24 Filed 03/16/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-972V
Filed: December 2, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONNIE JORDAN, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccination; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Robert Howie, Jr., Howie Law, P.C., Dallas, TX, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 10, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of his September 11, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 2, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On December 2, 2016, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$70,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
with the proffered award.
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-00972-UNJ Document 24 Filed 03/16/17 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 $70,000.00 in the form of a check payable to
petitioner, Donnie Jordan. 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.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-00972-UNJ Document 24 Filed 03/16/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
DONNIE JORDAN, )
)
Petitioner, )
) No. 16-972V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$70,000.00 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $70,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future lost earnings, and future pain and suffering.

Case 1:16-vv-00972-UNJ Document 24 Filed 03/16/17 Page 4 of 4
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
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: December 2, 2016
2