VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01087
Package ID: USCOURTS-cofc-1_16-vv-01087
Petitioner: Teresa Shuart
Filed: 2016-11-15
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2015-09-24
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Teresa Shuart filed a petition for compensation under the National Vaccine Injury Compensation Program on August 31, 2016, alleging that an influenza vaccine received on September 24, 2015, caused her to suffer a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On November 14, 2016, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine administered on September 24, 2015. The respondent also agreed that no other causes for the injury were identified and that the SIRVA and its sequela persisted for more than six months after vaccination. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 15, 2016, finding Teresa Shuart entitled to compensation. Subsequently, on September 8, 2017, the respondent filed a Proffer on Award of Compensation, proposing an award of $125,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed with this proffered award. On February 8, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Teresa Shuart a lump sum payment of $125,000.00, in the form of a check payable to her, as compensation for all damages. Petitioner was represented by Diana Stadelnikas Sedar of Maglio Christopher & Toale, PA, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Teresa Shuart alleged that an influenza vaccine administered on September 24, 2015, caused a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccine, and persisted for more than six months. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. The case proceeded based on the respondent's concession. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 15, 2016, finding petitioner entitled to compensation. On September 8, 2017, respondent proffered an award of $125,000.00, which petitioner accepted. On February 8, 2018, Chief Special Master Dorsey awarded petitioner a lump sum of $125,000.00. Petitioner was represented by Diana Stadelnikas Sedar (Maglio Christopher & Toale, PA) and respondent by Amy Paula Kokot (U.S. Department of Justice).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01087-0
Date issued/filed: 2017-03-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/15/2016) 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-01087-UNJ Document 19 Filed 03/01/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1087V
Filed: November 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TERESA SHUART, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Diana Stadelnikas Sedar, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 31, 2016, Teresa Shuart (“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 her receipt of an influenza (“flu”)
vaccine on September 24, 2015, caused her to suffer a right shoulder injury. Petition at
¶¶ 1, 2, 7. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 14, 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 concludes that “petitioner’s alleged injury is
consisted with SIRVA [shoulder injury related to vaccine administration] and that it was
caused-in-fact by the flu vaccine she received on September 24, 2015.” Id. at 3.
Respondent further agrees that no other causes for petitioner’s shoulder injury were
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-01087-UNJ Document 19 Filed 03/01/17 Page 2 of 2
identified and that “petitioner’s SIRVA and its sequela persisted for more than six
months after the administration of the vaccine.” Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01087-1
Date issued/filed: 2018-02-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 9/11/2017) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01087-UNJ Document 46 Filed 02/08/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1087V
Filed: September 11, 2017
UNPUBLISHED
TERESA SHUART,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 31, 2016, Teresa Shuart (“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 right shoulder injury
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she
received on September 24, 2015. Petition at ¶¶ 1, 2, 7. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On November 15, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On September 8, 2017, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$125,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-01087-UNJ Document 46 Filed 02/08/18 Page 2 of 4
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 attached Proffer, the undersigned awards
petitioner a lump sum payment of $125,000.00, in the form of a check payable to
petitioner, Teresa Shuart. 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-01087-UNJ Document 46 Filed 02/08/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TERESA SHUART, )
)
Petitioner, )
) No. 16-1087V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On November 15, 2016, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $125,000.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $125,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to
move the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future pain and suffering, and future lost wages.
1

Case 1:16-vv-01087-UNJ Document 46 Filed 02/08/18 Page 4 of 4
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: September 8, 2017
2