VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01231
Package ID: USCOURTS-cofc-1_16-vv-01231
Petitioner: Kelly Williams
Filed: 2017-09-30
Decided: 2018-02-26
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Kelly Williams 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 a seasonal influenza vaccine on October 8, 2014. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA and not due to factors unrelated to the vaccination. Respondent also agreed that petitioner met the statutory requirement of suffering the condition for more than six months. Based on respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, the parties filed a proffer on award of compensation. Respondent proffered that petitioner should be awarded $75,000.00, representing all elements of compensation available under the Vaccine Act. Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding petitioner a lump sum payment of $75,000.00, payable to Kelly Williams, as compensation for all damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01231-0
Date issued/filed: 2017-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/09/2017) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01231-UNJ Document 34 Filed 12/12/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1231V
Filed: May 9, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
KELLY WILLIAMS, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jonathan C. Pleban, Pleban & Petruska Law, LLC, St. Louis, MO, for petitioner.
Michael Patrick Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 30, 2016, Kelly Williams (“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”) as a result of receiving a seasonal
influenza (“flu”) vaccine on October 8, 2014. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On May 9, 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 states that “petitioner’s injury is consistent with a shoulder
injury related to vaccine administration” and petitioner’s injury is not due to factors
unrelated to her October 8, 2014 flu vaccination. Id. at 3. Respondent further agrees
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-01231-UNJ Document 34 Filed 12/12/17 Page 2 of 2
that petitioner met the statutory requirements by suffering the condition for more than
six months. 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-01231-1
Date issued/filed: 2018-02-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/20/2017) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01231-UNJ Document 39 Filed 02/26/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1231V
Filed: October 20, 2017
UNPUBLISHED
KELLY WILLIAMS,
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.
Jonathan C. Pleban, Pleban & Petruska, Law, LLC), for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 30, 2016, Kelly Williams (“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 related to vaccine administration (“SIRVA”) as a result of an influenza
(“flu”) vaccine she received on October 8, 2014. Petition at 1. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
On May 9, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On October 20, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $75,000.00. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-01231-UNJ Document 39 Filed 02/26/18 Page 2 of 4
award. Based 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 $75,000.00, in the form of a check payable to
petitioner, Kelly Williams. 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-01231-UNJ Document 39 Filed 02/26/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KELLY WILLIAMS, )
)
Petitioner, ) No. 16-1231V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On May 19, 2017, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Respondent proffers that based on the evidence of record, petitioner
should be awarded $75,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment as described below, and request that the Chief Special Master’s
decision and the Court’s judgment award the following:1
A lump sum payment of $75,000.00, in the form of a check payable to petitioner,
Kelly Williams. This amount 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-01231-UNJ Document 39 Filed 02/26/18 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 146
Washington, D.C. 20044-0146
Tel.: (202) 616-4133
October 20, 2017
2