VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01219
Package ID: USCOURTS-cofc-1_16-vv-01219
Petitioner: Carla Pingel
Filed: 2016-09-28
Decided: 2017-07-28
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 146600

AI-assisted case summary:
Carla Pingel, an adult, received an influenza vaccination on October 8, 2014. She alleged that this vaccination caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms. Pingel's injury was consistent with SIRVA and was caused by the flu vaccine. The respondent also confirmed that no other cause was identified and that Ms. Pingel suffered sequelae for more than six months. A ruling on entitlement was issued on December 16, 2016, finding her entitled to compensation. Subsequently, on February 6, 2017, the parties filed a proffer on award of compensation. The respondent recommended an award of $146,600.00, which Ms. Pingel agreed to. This amount was intended to cover all elements of compensation available under the Vaccine Act. On July 28, 2017, the Chief Special Master issued a decision awarding Ms. Pingel a lump sum payment of $146,600.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01219-0
Date issued/filed: 2017-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2016) regarding 9 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. Modified on 6/19/2017 to correct docket text(kh).
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Case 1:16-vv-01219-UNJ Document 23 Filed 04/25/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1219V
Filed: December 16, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CARLA PINGEL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza;
* Shoulder Injury: SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mathew B. Vianello, Jacobson Press & Fields, Clayton MO, for petitioner.
Gordon Elliot Shemin, 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 she suffered a shoulder injury caused by her
October 8, 2014 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 15, 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 “has concluded that petitioner’s alleged injury
is consistent with shoulder injury related to vaccine administration (SIRVA), and that it
was caused in fact by the flu vaccine she received on or about October 8, 2014.” Id. at
4. Respondent further agrees that no other cause of petitioner’s injury was identified,
that petitioner suffered sequela of her injury for more than six months, and that
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-01219-UNJ Document 23 Filed 04/25/17 Page 2 of 2
petitioner has satisfied all legal prerequisites for compensation under the Vaccine Act.
Id.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01219-1
Date issued/filed: 2017-07-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/06/2017) regarding 14 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01219-UNJ Document 24 Filed 07/28/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1219V
Filed: February 6, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CARLA PINGEL, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Matthew B. Vianello, Jacobson Press & Fields, Clayton, MO, for petitioner.
Gordon Elliot Shemin, 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 shoulder injury caused by her
October 8, 2014 influenza vaccination. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 16, 2016, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On February 6, 2017, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $146,600.00. Proffer at 1. In the
Proffer, respondent represented that petitioner agrees with the proffered award. Based
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-01219-UNJ Document 24 Filed 07/28/17 Page 2 of 4
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 $146,600.00 in the form of a check payable to
petitioner, Carla Pingel. 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-01219-UNJ Document 24 Filed 07/28/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CARLA PINGEL, )
)
Petitioner, ) No. 16-1219V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on December 15, 2016, conceding entitlement in this case. Based upon
the evidence of record, respondent proffers that petitioner should be awarded $146,600.00. This
represents all elements of competition to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment described below, and request that the Special Master’s decision
and the Court’s judgment award the following:
A lump sum of $146,600.00 in the form of a check payable to petitioner, Carla
Pingel. This amounts accounts for all elements of compensation under 42 U.S.C.
§ 300aa-15(a) to which petitioner would be entitled.
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 lost earnings, and future pain and suffering.

Case 1:16-vv-01219-UNJ Document 24 Filed 07/28/17 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
ANN D. MARTIN
Senior Trial Attorney
Torts Branch, Civil Division
/s/ Gordon Shemin
GORDON SHEMIN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4208
Dated: February 6, 2017 Fax: (202) 353-2988
2