VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01193
Package ID: USCOURTS-cofc-1_16-vv-01193
Petitioner: Teresa Swango
Filed: 2016-09-23
Decided: 2018-02-23
Vaccine: influenza
Vaccination date: 2013-10-25
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 131325

AI-assisted case summary:
Teresa Swango filed a petition on September 23, 2016, alleging that an influenza vaccine administered on October 25, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on October 19, 2017, stating that he did not contest entitlement. The respondent concluded that Ms. Swango's medical course was consistent with SIRVA and that it was caused-in-fact by the flu vaccine. The respondent also noted that her injury persisted for more than six months. Based on the respondent's position and the evidence of record, Chief Special Master Nora Beth Dorsey found Ms. Swango entitled to compensation. Subsequently, on October 19, 2017, the Chief Special Master issued a decision awarding Ms. Swango $131,325.00 as a lump sum payment, representing compensation for all damages available under the Vaccine Act. The award was to be paid by check to Teresa Swango. Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and respondent was represented by Adriana R. Teitel of the U.S. Department of Justice. The decision was issued on February 23, 2018.

Theory of causation field:
Petitioner Teresa Swango alleged that an influenza vaccine administered on October 25, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, did not contest entitlement, concluding that petitioner's medical course was consistent with SIRVA and caused-in-fact by the flu vaccine, with the injury persisting for more than six months. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case was determined to be an "Off-Table" theory. Chief Special Master Nora Beth Dorsey ruled on entitlement on October 19, 2017, and subsequently awarded a lump sum of $131,325.00 on February 23, 2018, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Ronald C. Homer, and respondent by Adriana R. Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01193-0
Date issued/filed: 2018-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/19/2017) regarding 38 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01193-UNJ Document 46 Filed 02/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1193V
Filed: October 19, 2017
UNPUBLISHED
TERESA SWANGO,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 23, 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 her receipt of an influenza (“flu”) vaccine on
October 25, 2013, caused her to suffer a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit (“SPU”) of the Office of Special Masters.
On October 19, 2017, respondent filed a Rule 4(c) Report and Proffer in which he
states that he does not contest that petitioner is entitled to compensation in this case.
Rule 4(c) Report at 1, 8. Specifically, respondent concluded that petitioner’s medical
course is consistent with a SIRVA, and that it was caused-in-fact by the flu vaccine she
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-01193-UNJ Document 46 Filed 02/23/18 Page 2 of 2
received on October 25, 2013. Id. at 8. Further, the records show that petitioner
suffered the sequela her injury for more than six months. Id. Therefore, based on the
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Vaccine 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
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01193-1
Date issued/filed: 2018-02-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/19/2017) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01193-UNJ Document 47 Filed 02/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1193V
Filed: October 19, 2017
UNPUBLISHED
TERESA SWANGO,
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.
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Adriana R. Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 23, 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 alleged that her receipt of an influenza (“flu”) vaccine on
October 25, 2013, caused her to suffer a shoulder injury related to vaccine
administration (“SIRVA”). The case was assigned to the Special Processing Unit
(“SPU”) of the Office of Special Masters.
On October 19, 2017, the undersigned issued a ruling on entitlement finding
petitioner entitled to compensation for a SIRVA. On October 19, 2017, respondent filed
a proffer on award of compensation (“Proffer”) in his Rule 4(c) Report indicating
petitioner should be awarded $131,325.00. Rule 4(c) Report at 8. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Id. Based on
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-01193-UNJ Document 47 Filed 02/23/18 Page 2 of 2
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 $131,325.00 in the form of a check payable to petitioner,
Teresa Swango. 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