VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01239
Package ID: USCOURTS-cofc-1_16-vv-01239
Petitioner: Suzette McLeod
Filed: 2016-12-27
Decided: 2017-09-22
Vaccine: influenza
Vaccination date: 2015-11-20
Condition: right shoulder/arm pain
Outcome: compensated
Award amount USD: 117296

AI-assisted case summary:
Suzette McLeod filed a petition for compensation under the National Vaccine Injury Compensation Program on December 27, 2016, alleging that she suffered right shoulder/arm pain caused by a trivalent influenza vaccination received on November 20, 2015. The respondent conceded that her injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused by the flu vaccine, and that she met all legal prerequisites for compensation. On December 27, 2016, the Chief Special Master issued a ruling on entitlement, finding her entitled to compensation. Subsequently, on February 28, 2017, the respondent filed a proffer on award of compensation, recommending an award of $117,296.24, which included $115,000.00 for pain and suffering and $2,296.24 for past unreimbursable expenses. The petitioner agreed with this award. On September 22, 2017, the court issued a decision awarding Suzette McLeod the stipulated lump sum of $117,296.24.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01239-0
Date issued/filed: 2017-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/27/2016) regarding 13 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-01239-UNJ Document 29 Filed 04/27/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1239V
Filed: December 27, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUZETTE MCLEOD, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Trivalent Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Clifford Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Kathryn Robinette, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 30, 2016, Suzette McLeod (“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” or “Program”). Petitioner alleges that she
suffered injuries, including right shoulder/arm pain caused by the trivalent influenza
vaccination she received at her place of employment on November 20, 2015. Petition
at 1, ¶¶ 2, 13. Petitioner further alleges that she received her vaccination in the United
States, that she has suffered the residual effects of her injury for more than six months,
and that neither she nor any other party has filed an action or received compensation
for her injury alleged as vaccine caused. Id. at ¶¶ 2, 14-16. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-01239-UNJ Document 29 Filed 04/27/17 Page 2 of 2
On December 23, 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 “believes that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) and that it
was caused-in-fact by the flu vaccine she received on November 20, 2015.” Id. at 3.
Respondent further indicates “petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01239-1
Date issued/filed: 2017-09-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 02/28/2017) regarding 21 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01239-UNJ Document 32 Filed 09/22/17 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1239V
Filed: February 28, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SUZETTE MCLEOD, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Trivalent Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Clifford Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.
Kathryn Robinette, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 30, 2016, Suzette McLeod (“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” or “Program”). Petitioner alleged that she
suffered injuries, including right shoulder/arm pain caused by the trivalent influenza
vaccination she received at her place of employment on November 20, 2015. Petition
at 1, ¶¶ 2, 13. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 27, 2016, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 13). On February 28, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
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-01239-UNJ Document 32 Filed 09/22/17 Page 2 of 4
awarded $117,296.24, representing $115,000.00 for pain and suffering and $2,296.24
for past unreimbursable expenses. Proffer at 1. In the Proffer, respondent represented
that petitioner agrees with the proffered award. Id. 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 $117,296.24, representing $115,000.00 for pain
and suffering and $2,296.24 for past unreimbursable expenses, in the form of a
check payable to petitioner, Suzette McLeod. 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-01239-UNJ Document 32 Filed 09/22/17 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUZETTE MCLEOD, )
)
Petitioner, )
) No. 16-1239V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
On December 27, 2016, 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”).
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$115,000.00 for pain and suffering, and $2,296.24 in past unreimbursable expenses, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $117,296.24, in the form of a check payable to petitioner.
Petitioner agrees.
1 Should petitioner die prior to the 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.
1

Case 1:16-vv-01239-UNJ Document 32 Filed 09/22/17 Page 4 of 4
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 BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
s/ Kathryn A. Robinette
KATHRYN A. ROBINETTE
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) 616-3661
Fax: (202) 616-4310
DATED: February 28, 2017
2