VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01342
Package ID: USCOURTS-cofc-1_16-vv-01342
Petitioner: Brittany N. Ridgeway
Filed: 2016-10-14
Decided: 2017-10-20
Vaccine: influenza
Vaccination date: 2015-12-11
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
On October 14, 2016, Brittany N. Ridgeway filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on December 11, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 28, 2017, conceding that Ms. Ridgeway's right shoulder injury was consistent with SIRVA, that it was caused in fact by the flu vaccine administered on December 11, 2015, and that compensation was appropriate. The respondent further agreed that Ms. Ridgeway had met the statutory requirements for entitlement to compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 2, 2017, finding Ms. Ridgeway entitled to compensation. Subsequently, on March 16, 2017, the respondent filed a proffer on award of compensation, agreeing to an award of $125,000.00, representing all elements of compensation available under the Vaccine Act. The petitioner agreed with this proffered award. On October 20, 2017, Chief Special Master Dorsey issued a decision awarding Brittany N. Ridgeway a lump sum payment of $125,000.00, payable by check to Ms. Ridgeway, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Douglas Lee Burdette represented the petitioner, and Ann Martin represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond the general category of SIRVA.

Theory of causation field:
Petitioner Brittany N. Ridgeway alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 11, 2015. The respondent conceded that the injury was consistent with SIRVA, caused in fact by the vaccine, and that compensation was appropriate. The theory of causation is based on the respondent's concession, aligning with the Vaccine Injury Table for SIRVA. No specific medical experts were named in the provided text, nor was a detailed mechanism of injury described beyond the general classification of SIRVA. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 2, 2017, and a decision awarding damages on October 20, 2017. The award was a lump sum of $125,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Douglas Lee Burdette, and respondent was represented by Ann Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01342-0
Date issued/filed: 2017-09-22
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/02/2017) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1342V
Filed: March 2, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRITTANY N. RIDGEWAY, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 14, 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 a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received
on December 11, 2015. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 28, 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 petitioner’s right shoulder injury is consistent
with a SIRVA, that it was caused in fact by the flu vaccine she received on December
11, 2015, and that compensation is appropriate. Id. at 3. Respondent further agrees
that petitioner has met the statutory requirements for entitlement to compensation. Id.
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).

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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-01342-1
Date issued/filed: 2017-10-20
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/17/2017) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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CCaassee 11::1166--vvvv--0011334422--UUNNJJ DDooccuummeenntt 1288 FFiilleedd 0130//1270//1177 PPaaggee 11 ooff 24
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1342V
Filed: March 17, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BRITTANY N. RIDGEWAY, *
*
Petitioner, * Damages Decision Based on Proffer;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Douglas Lee Burdette, Burkett & Burdette, Seattle, WA, for petitioner.
Ann Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 14, 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 a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received
on December 11, 2015. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 2, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On March 16, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $125,000.00.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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).

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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 $125,000.00 in the form of a check payable to
petitioner, Brittany N. Ridgeway. 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

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
BRITTANY N. RIDGEWAY, )
)
Petitioner, )
) No. 16-1342V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on February 28, 2017, conceding entitlement in this case. Based upon the
evidence of record, respondent proffers that petitioner should be awarded $125,000.00, which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a) for her vaccine-related injury.1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $125,000.00 in the form of a check payable to petitioner.
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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.

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C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Senior Trial Attorney
Torts Branch, Civil Division
s/ Ann D. Martin
ANN D. MARTIN
Senior 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) 307-1815
DATED: March 16, 2017
2