VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01166
Package ID: USCOURTS-cofc-1_16-vv-01166
Petitioner: Susan Peterson
Filed: 2017-11-15
Decided: 2018-05-16
Vaccine: influenza
Vaccination date: 2015-10-27
Condition: Parsonage-Turner Syndrome
Outcome: compensated
Award amount USD: 82092

AI-assisted case summary:
Susan Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on October 27, 2015, caused her to suffer Parsonage-Turner Syndrome. The case was assigned to the Special Processing Unit for damages. The respondent, the Secretary of Health and Human Services, conceded that Peterson's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that no other cause for her condition was identified. The respondent also agreed that Peterson met the statutory requirements for compensation, including suffering residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master ruled that Peterson was entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation, agreeing that Peterson should be awarded $82,092.48. The decision awarded Peterson a lump sum payment of $82,092.48, representing compensation for all damages available under the Vaccine Act. Peterson is a competent adult, and no guardianship evidence was required.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01166-1
Date issued/filed: 2018-05-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/15/2017) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01166-UNJ Document 40 Filed 05/16/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1166V
Filed: November 15, 2017
UNPUBLISHED
SUSAN PETERSON,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 20, 2016, Susan Peterson (“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 as a result of an
influenza (“flu”) vaccine she received on October 27, 2015, she suffered Parsonage-
Turner Syndrome. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 14, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On November 15, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $82,092.48. Proffer
at 1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-01166-UNJ Document 40 Filed 05/16/18 Page 2 of 4
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 $82,092.48, in the form of a check payable to
petitioner, Susan Peterson. 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-01166-UNJ Document 40 Filed 05/16/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SUSAN PETERSON,
Petitioner,
v.
No. 16-1166V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 20, 2016, Susan Peterson (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1
to -34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on November 13, 2017.
Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $82,092.48, which 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 should be made
through a lump sum payment of $82,092.48 in the form of a check payable to petitioner.1
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 pain and suffering, and future lost wages.
1

Case 1:16-vv-01166-UNJ Document 40 Filed 05/16/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: November 15, 2017
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01166-2
Date issued/filed: 2018-05-16
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 28 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01166-UNJ Document 41 Filed 05/16/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1166V
Filed: November 14, 2017
UNPUBLISHED
SUSAN PETERSON,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 2017, Susan Peterson (“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 as a result of an
influenza (“flu”) vaccine she received on October 27, 2015, she suffered Parsonage-
Turner Syndrome. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On November 13, 2017, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s Rule
4(c) Report at 1. Specifically, respondent states that “petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (‘SIRVA’)” and that “no
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-01166-UNJ Document 41 Filed 05/16/18 Page 2 of 2
other cause for petitioner’s condition has been identified.” Id. at 5. Respondent further
agrees that petitioner has met the statutory requirements by suffering the residual
effects of her condition for more than six months and therefore has satisfied all legal
prerequisites for compensation under the Act. Id.
In view of respondent’s position 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