VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01218
Package ID: USCOURTS-cofc-1_16-vv-01218
Petitioner: Lori Clark
Filed: 2017-12-14
Decided: 2018-03-14
Vaccine: influenza
Vaccination date: 2015-09-26
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 117078

AI-assisted case summary:
Lori Clark filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury caused by her September 26, 2015 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Clark is entitled to compensation. The respondent opined that her alleged injury is consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused-in-fact by the vaccination. The respondent also confirmed that no other cause for the injury was identified and that all legal prerequisites for compensation had been met. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms. Clark entitled to compensation. Subsequently, a decision awarding damages was issued. The respondent had filed a proffer indicating that Ms. Clark should be awarded $117,078.12, and Ms. Clark agreed with this proffered award. The court awarded Ms. Clark a lump sum payment of $117,078.12, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01218-0
Date issued/filed: 2018-03-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/14/2017) regarding 34 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01218-UNJ Document 40 Filed 03/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1218V
Filed: December 14, 2017
UNPUBLISHED
LORI CLARK,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 28, 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 suffered a left shoulder injury caused by her
September 26, 2015 influenza (“flu”) vaccination. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 14, 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 “opines that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”).” Id. at 3.
Respondent further agrees that petitioner’s SIRVA was caused-in-fact by her
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-01218-UNJ Document 40 Filed 03/14/18 Page 2 of 2
September 26, 2015 vaccination, that no other cause for petitioner’s injury was
identified, that the statutory six month sequela requirement has been satisfied, and that
all legal prerequisites to compensation under the Vaccine Act have been met. 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01218-1
Date issued/filed: 2018-03-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 12/14/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01218-UNJ Document 41 Filed 03/14/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1218V
Filed: December 14, 2017
UNPUBLISHED
LORI CLARK,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 28, 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 left shoulder injury caused by her
September 26, 2015 influenza (“flu”) vaccination. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On December 14, 2017, respondent filed a combined Rule 4(c) Report and
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$117,078.12. Proffer at 3. In the Proffer, respondent represented that petitioner agrees
with the proffered award. On December 14, 2017, a ruling on entitlement was issued,
finding petitioner entitled to compensation for SIRVA. 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-01218-UNJ Document 41 Filed 03/14/18 Page 2 of 2
Pursuant to the terms stated in the Proffer filed in this case, the undersigned
awards petitioner a lump sum payment of $117,078.12 in the form of a check
payable to petitioner, Lori Clark. 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