VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01247
Package ID: USCOURTS-cofc-1_16-vv-01247
Petitioner: Susan Wigley
Filed: 2016-09-30
Decided: 2018-02-05
Vaccine: influenza
Vaccination date: 2013-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Susan Wigley filed a petition for compensation on September 30, 2016, alleging that she suffered an injury to her left shoulder as a result of an influenza vaccine administered on October 3, 2013. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) Report on July 13, 2017, stating that he did not contest entitlement, agreeing that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the statutory requirements were met. A ruling on entitlement was issued on July 13, 2017, finding Ms. Wigley entitled to compensation. On August 7, 2017, respondent filed a proffer on award of compensation, recommending an award of $70,000.00, which petitioner agreed to. The decision dated February 5, 2018, awarded Ms. Wigley a lump sum payment of $70,000.00. Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP. Respondent counsel was Ilene C. Albala of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Susan Wigley alleged injury to her left shoulder following an influenza vaccine administered on October 3, 2013. Respondent conceded entitlement, agreeing the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that statutory requirements were met. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments. The theory of causation is based on the "Table" as indicated by the initial database fields, and respondent did not contest entitlement. Petitioner was awarded $70,000.00 as a lump sum payment. The ruling on entitlement was issued on July 13, 2017, and the decision awarding damages was issued on February 5, 2018, based on a proffer filed August 7, 2017. Attorneys for petitioner were Amy A. Senerth and for respondent Ilene C. Albala. Chief Special Master Nora Beth Dorsey presided.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01247-0
Date issued/filed: 2018-01-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/13/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01247-UNJ Document 40 Filed 01/26/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1247V
Filed: July 13, 2017
UNPUBLISHED
SUSAN WIGLEY,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ilene C. Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
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 suffered an injury to her left shoulder as a
result of an influenza (“flu”) vaccine administered on October 3, 2013. Petition at 1.
The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special
Masters.
On July 13, 2017, respondent filed his Rule 4(c) Report in which he states that he
does not contest that petitioner is entitled to compensation in this case. Respondent’s
Rule 4(c) Report at 1. Specifically, respondent believes petitioner’s alleged left shoulder
injury is consistent with a shoulder injury related to vaccine administration (“SIRVA”).
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-01247-UNJ Document 40 Filed 01/26/18 Page 2 of 2
Id. at 6. Respondent further agrees that petitioner has met the statutory requirements
by suffering the condition for more than six months. Id. Therefore, based on the record
as it now stands, petitioner has satisfied all legal prerequisites for compensation under
the Act. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01247-1
Date issued/filed: 2018-02-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/7/2017) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01247-UNJ Document 41 Filed 02/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1247V
Filed: August 7, 2017
UNPUBLISHED
SUSAN WIGLEY,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ilene Clair Albala, 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 suffered an injury to her left shoulder as a
result of an influenza (“flu”) vaccine administered on October 3, 2013. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 13, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
August 7, 2017, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $70,000.00. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-01247-UNJ Document 41 Filed 02/05/18 Page 2 of 4
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 $70,000.00 in the form of a check payable to
petitioner, Susan Wigley. 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-01247-UNJ Document 41 Filed 02/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SUSAN WIGLEY, )
)
Petitioner, )
) No. 16-1247V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On July 18, 2017, Chief Special Master Dorsey issued an Order finding that petitioner’s
case was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (SIRVA). Based upon the evidence of record, respondent proffers that petitioner
should be awarded $70,000.00, 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 $70,000.00, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:16-vv-01247-UNJ Document 41 Filed 02/05/18 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: August 7, 2017
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.
2