VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01332
Package ID: USCOURTS-cofc-1_16-vv-01332
Petitioner: Michele M. Phillips
Filed: 2016-10-13
Decided: 2018-05-08
Vaccine: influenza
Vaccination date: 2013-10-25
Condition: shoulder injury related to vaccine administration (SIRVA), including bursitis and a rotator cuff tear in her right shoulder
Outcome: compensated
Award amount USD: 135296

AI-assisted case summary:
Michele M. Phillips filed a petition for compensation on October 13, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA), including bursitis and a rotator cuff tear in her right shoulder, as a result of receiving an influenza vaccine on October 25, 2013. The respondent conceded that petitioner suffered a non-Table injury of SIRVA and that the injury was causally related to the flu vaccine. The respondent also agreed that no other causes for the SIRVA were identified and that petitioner met the statutory requirements by suffering her condition for more than six months. On January 24, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation. Subsequently, on June 5, 2017, the respondent filed a proffer on award of compensation, proposing an award of $135,296.02. This amount included $130,000.00 for pain and suffering, $4,830.00 in lost wages, and $466.02 for past expenses. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding the lump sum payment of $135,296.02 to Michele M. Phillips.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01332-0
Date issued/filed: 2017-06-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 01/24/2017) regarding 12 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01332-UNJ Document 27 Filed 06/16/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1332V
Filed: January 24, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHELE M. PHILLIPS, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael Elio Ciccolini, Ciccolini & Associates Co., LPA, Akron, OH, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 13, 2016, Michele M. Phillips (“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”), including bursitis and a rotator cuff
tear in her right shoulder as a result of being administered an influenza (“flu”) on
October 25, 2013. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 24, 2017, 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 states that “petitioner suffered a non-Table
injury of SIRVA and that the preponderance of the medical evidence indicates that the
injury was causally related to the flu vaccine she received on October 25, 2013.” Id. at
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-01332-UNJ Document 27 Filed 06/16/17 Page 2 of 2
4. Respondent further agrees that no other “causes for petitioner’s SIRVA” were
identified and that “petitioner met the statutory requirements by suffering her 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01332-2
Date issued/filed: 2018-05-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/06/2017) regarding 22 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01332-UNJ Document 39 Filed 05/08/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1332V
Filed: June 6, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MICHELE M. PHILLIPS, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SPU”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael Elio Ciccolini, Ciccolini & Associates, CO, LPA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 13, 2016, Michele M. Phillips (“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”), including bursitis and a rotator cuff
tear as a result of being administered an influenza (“flu”) vaccine on October 25, 2013.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 24, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation. On June 5, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $135,296.02. Proffer
at 1. This amount is comprised of: a) $130,000.00 for pain and suffering; b) $4,830.00
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-01332-UNJ Document 39 Filed 05/08/18 Page 2 of 4
in lost wages, and c) $466.02 for past expenses. Id. In the Proffer, respondent
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 $135,296.02 in the form of a check payable to
petitioner, Michele M. Phillips. This amount is comprised of: a) $130,000.00 for pain
and suffering; b) $4,830.00 in lost wages, and c) $466.02 for past expenses. 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-01332-UNJ Document 39 Filed 05/08/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
MICHELE M. PHILLIPS, *
*
Petitioner, *
*
v. * No. 16-1332V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her January 24, 2017 decision, the Chief Special Master found that a preponderance of
the medical evidence indicates that petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the flu vaccination she received on
October 25, 2013. The parties have now addressed the amount of compensation to be awarded in
this case.
I. Compensation
Based upon the evidence of record, respondent proffers that a lump sum of $135,296.02
should be awarded petitioner. This amount is comprised of: a) $130,000.00 for pain and
suffering; b) $4,830.00 in lost wages; and c) $466.02 for past expenses. This lump sum amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a).1 Petitioner agrees.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:16-vv-01332-UNJ Document 39 Filed 05/08/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided should be made in the form of a
check for $135,296.02, payable to petitioner.
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
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
/s/ DOUGLAS ROSS
DOUGLAS ROSS
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) 616-3667
DATE: June 5, 2017
2