VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01146 Package ID: USCOURTS-cofc-1_16-vv-01146 Petitioner: Bethany Ritting Filed: 2017-08-08 Decided: 2018-02-02 Vaccine: influenza Vaccination date: 2014-10-03 Condition: left shoulder injuries Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Bethany Ritting filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2016, alleging that she suffered left shoulder injuries following an influenza vaccination received on October 3, 2014. The case was assigned to the Special Processing Unit. On February 21, 2017, a ruling on entitlement found Ms. Ritting entitled to compensation for her shoulder injuries. On August 8, 2017, the respondent filed a proffer indicating an award of $125,000.00, with which the petitioner agreed. Chief Special Master Nora Beth Dorsey issued a decision awarding Ms. Ritting a lump sum payment of $125,000.00, payable to her, representing compensation for all damages available under the Vaccine Act. The injury was identified as Shoulder Injury Related to Vaccine Administration (SIRVA). Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. Theory of causation field: Petitioner Bethany Ritting alleged left shoulder injuries following an influenza vaccination on October 3, 2014. The injury was identified as Shoulder Injury Related to Vaccine Administration (SIRVA). A ruling on entitlement was issued on February 21, 2017, finding petitioner entitled to compensation. On August 8, 2017, respondent filed a proffer for an award of $125,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey awarded petitioner a lump sum of $125,000.00. The theory of causation was based on the "Table" of the Vaccine Act, indicating SIRVA. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Linda Sara Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01146-0 Date issued/filed: 2018-02-02 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 8/8/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01146-UNJ Document 40 Filed 02/02/18 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1146V Filed: August 8, 2017 UNPUBLISHED BETHANY RITTING, 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. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION AWARDING DAMAGES1 Dorsey, Chief Special Master: On September 15, 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 left shoulder injuries following an influenza (“flu”) vaccination she received on October 3, 2014. Petition at 1-2. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 21, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation for her shoulder injuries. On August 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 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. 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-01146-UNJ Document 40 Filed 02/02/18 Page 2 of 2 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, Bethany Ritting. 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