VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01220
Package ID: USCOURTS-cofc-1_16-vv-01220
Petitioner: Kerry Lanigan
Filed: 2016-12-16
Decided: 2017-04-25
Vaccine: influenza
Vaccination date: 2014-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: entitlement_granted_pending_damages
Award amount USD: 

AI-assisted case summary:
Kerry Lanigan filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2014. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 15, 2016, conceding that the petitioner is entitled to compensation. The respondent concluded that the petitioner's left shoulder injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 14, 2014. The respondent also agreed that the petitioner met the statutory requirements for entitlement to compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Kerry Lanigan is entitled to compensation. The ruling on entitlement was issued on April 25, 2017. The case was granted entitlement, pending a decision on damages. Petitioner was represented by Jeffrey Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ann Martin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Kerry Lanigan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine. The case was decided based on this concession, falling under the "Table" category for causation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 25, 2017, granting compensation pending damages. Petitioner was represented by Jeffrey Pop, and respondent by Ann Martin.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01220-0
Date issued/filed: 2017-04-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/16/2016) regarding 10 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).
--------------------------------------------------------------------------------
Case 1:16-vv-01220-UNJ Document 21 Filed 04/25/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1220V
Filed: December 16, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KERRY LANIGAN, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ann Martin, 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 related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccine on October 14, 2014.
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 concluded that petitioner’s left shoulder injury
is consistent with a SIRVA, and that it was caused in fact by the flu vaccine she
received on October 14, 2014 Id. at 3. Respondent further agrees that petitioner has
met the statutory requirements for entitlement to compensation. Id. at 4.
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-01220-UNJ Document 21 Filed 04/25/17 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