VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01234
Package ID: USCOURTS-cofc-1_16-vv-01234
Petitioner: Betsy Le
Filed: 2016-09-30
Decided: 2018-06-12
Vaccine: influenza
Vaccination date: 2013-10-04
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 79521

AI-assisted case summary:
On September 30, 2016, Betsy Le filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 4, 2013, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On March 20, 2018, a ruling on entitlement was issued, finding Ms. Le entitled to compensation. Subsequently, on March 30, 2018, the respondent filed a proffer on the award of compensation, indicating that Ms. Le should be awarded $79,521.12. This amount represented $75,000.00 for pain and suffering and $4,521.12 for past unreimbursable expenses. The respondent stated that Ms. Le agreed with the proffered award. Chief Special Master Nora Beth Dorsey reviewed the record and awarded Ms. Le a lump sum payment of $79,521.12, payable by check to Ms. Le. This award represented compensation for all damages available under the Vaccine Act. Petitioner's counsel was Anh Van Tran of Mathis & Donheiser, and respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice. The decision was issued on June 12, 2018.

Theory of causation field:
Petitioner Betsy Le filed a petition on September 30, 2016, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 4, 2013. The respondent conceded entitlement in a Rule 4(c) Report filed on March 20, 2018, and the Chief Special Master found petitioner entitled to compensation. A Proffer on Award of Damages, filed by respondent on March 30, 2018, proposed an award of $79,521.12, consisting of $75,000.00 for pain and suffering and $4,521.12 for past unreimbursable expenses. Petitioner agreed with this award. Chief Special Master Nora Beth Dorsey issued a decision on June 12, 2018, awarding the stipulated lump sum of $79,521.12. The public decision does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Anh Van Tran, and respondent by Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01234-0
Date issued/filed: 2018-06-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/03/2018) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01234-UNJ Document 47 Filed 06/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1234V
Filed: April 3, 2018
UNPUBLISHED
BETSY LE,
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.
Anh Van Tran, Mathis & Donheiser, Dallas, TX, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 30, 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 received an influenza (“flu”) on October 4,
2013, and subsequently suffered a shoulder injury as a result of the flu vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On March 20, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On March 30, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $79,521.12
representing compensation for pain and suffering ($75,000.00), and past
unreimbursable expenses ($4,521.12). Proffer at 2. In the Proffer, respondent
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-01234-UNJ Document 47 Filed 06/12/18 Page 2 of 4
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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $79,521.12 in the form of a check payable to
petitioner, Betsy Le. 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-01234-UNJ Document 47 Filed 06/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BETSY LE,
Petitioner, No. 16-1234V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On September 30, 2016, Betsy Le (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on March 20, 2018. Based on Respondent’s Rule
4(c) Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $75,000.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $4,521.12. Petitioner agrees.
1

Case 1:16-vv-01234-UNJ Document 47 Filed 06/12/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $79,521.12 representing compensation for pain and suffering
($75,000.00), and past unreimbursable expenses ($4,521.12), in the form of a check payable to
petitioner.1 This lump sum payment represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 305-1586
Date: March 30, 2018
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 pain and suffering, and future lost wages.
2