VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01196
Package ID: USCOURTS-cofc-1_16-vv-01196
Petitioner: Jane Newman
Filed: 2016-09-23
Decided: 2018-05-24
Vaccine: influenza
Vaccination date: 2013-11-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 614670

AI-assisted case summary:
On September 23, 2016, Jane Newman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 4, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 29, 2016, conceding that the petitioner's injury was consistent with SIRVA and that all legal prerequisites for compensation under the Vaccine Act had been satisfied. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 1, 2016, finding Jane Newman entitled to compensation. Subsequently, on July 17, 2017, the respondent filed a proffer on award of compensation, recommending an award of $614,670.88, which the petitioner agreed to. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Chief Special Master Dorsey issued a decision awarding damages on July 18, 2017, granting Jane Newman a lump sum payment of $614,670.88 as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and later Ronald Craig Homer of Conway, Homer, P.C. Respondent was represented by Darryl Wishard of the U.S. Department of Justice. The award was made in the form of a check payable to Jane Newman.

Theory of causation field:
Petitioner Jane Newman received an influenza vaccination on November 4, 2013. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for SIRVA in a Rule 4(c) report filed November 29, 2016. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on December 1, 2016, finding petitioner entitled to compensation. The theory of causation is based on the "Table" of the Vaccine Injury Table, specifically SIRVA. No specific medical experts were named in the public text. The parties stipulated to an award of $614,670.88, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), paid as a lump sum. The damages decision was issued by Chief Special Master Dorsey on July 18, 2017. Petitioner's counsel was Ronald Homer and respondent's counsel was Darryl Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01196-1
Date issued/filed: 2018-05-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/01/2016) regarding 15 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01196-UNJ Document 44 Filed 05/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1196V
Filed: December 1, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE NEWMAN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., for petitioner.
Darryl Wishard, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following a November 4, 2013 influenza (“flu”) vaccination.
Petition at 2-11. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On November 29, 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 concluded that petitioner’s injury is consistent
with a SIRVA. Id. at 3. Respondent further agrees that all legal prerequisites for
compensation under the Vaccine Act have been satisfied. Id.
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-01196-UNJ Document 44 Filed 05/24/18 Page 2 of 2
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-01196-2
Date issued/filed: 2018-05-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/18/2017) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01196-UNJ Document 45 Filed 05/24/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1196V
Filed: July 18, 2017
UNPUBLISHED
JANE NEWMAN,
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 Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Darryl R. Wishard, 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 1, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On July 17, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $614,670.88.
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-01196-UNJ Document 45 Filed 05/24/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $614,670.88 in the form of a check payable to
petitioner, Jane Newman. 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-01196-UNJ Document 45 Filed 05/24/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JANE NEWMAN, )
)
Petitioner, ) No. 16-1196V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 23, 2016, Jane Newman (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
November 4, 2013, she suffered a left shoulder injury. Petition at 1.
On November 29, 2016, respondent filed her Vaccine Rule 4(c) report, conceding
causation-in-fact for petitioner’s shoulder injury related to vaccine administration (“SIRVA”).
On December 1, 2016, the Chief Special Master issued a ruling on entitlement, finding that
petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$614,670.88, which represents all elements of compensation to which petitioner would be
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:16-vv-01196-UNJ Document 45 Filed 05/24/18 Page 4 of 4
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $614,670.88, in the form of a check payable to petitioner.2
Petitioner agrees.
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: July 17, 2017 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

================================================================================
DOCUMENT 3: USCOURTS-cofc-1_16-vv-01196-3
Date issued/filed: 2018-05-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/18/2017) regarding 33 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01196-UNJ Document 46 Filed 05/31/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1196V
Filed: July 18, 2017
UNPUBLISHED
JANE NEWMAN,
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 Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Darryl R. Wishard, 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 alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On December 1, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On July 17, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $614,670.88.
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-01196-UNJ Document 46 Filed 05/31/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $614,670.88 in the form of a check payable to
petitioner, Jane Newman. 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-01196-UNJ Document 46 Filed 05/31/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
JANE NEWMAN, )
)
Petitioner, ) No. 16-1196V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 23, 2016, Jane Newman (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
November 4, 2013, she suffered a left shoulder injury. Petition at 1.
On November 29, 2016, respondent filed her Vaccine Rule 4(c) report, conceding
causation-in-fact for petitioner’s shoulder injury related to vaccine administration (“SIRVA”).
On December 1, 2016, the Chief Special Master issued a ruling on entitlement, finding that
petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$614,670.88, which represents all elements of compensation to which petitioner would be
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:16-vv-01196-UNJ Document 46 Filed 05/31/18 Page 4 of 4
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $614,670.88, in the form of a check payable to petitioner.2
Petitioner agrees.
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/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: July 17, 2017 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2