VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01361
Package ID: USCOURTS-cofc-1_16-vv-01361
Petitioner: Yiwei Sun
Filed: 2017-09-28
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2015-10-20
Condition: shoulder injury
Outcome: compensated
Award amount USD: 122038

AI-assisted case summary:
Yiwei Sun filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2016, alleging she sustained shoulder injuries from an influenza vaccination received on October 20, 2015. The case was assigned to the Special Processing Unit for damages. On March 31, 2017, a ruling on entitlement was issued, finding petitioner entitled to compensation. Respondent filed a proffer on award of compensation on September 28, 2017, proposing an award of $122,038.99, an amount to which petitioner agreed. The Chief Special Master, Nora Beth Dorsey, issued a decision on February 8, 2018, awarding Yiwei Sun a lump sum payment of $122,038.99. This amount represents all elements of compensation available under the Vaccine Act. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The theory of causation is based on the "Table" as indicated in the provided data.

Theory of causation field:
Petitioner Yiwei Sun received an influenza vaccine on October 20, 2015, and subsequently alleged a shoulder injury related to vaccine administration (SIRVA). Respondent conceded entitlement to compensation in a Rule 4(c) Report filed March 31, 2017, and the Chief Special Master issued a ruling on entitlement on that date. Respondent filed a proffer on award of compensation on September 28, 2017, proposing an award of $122,038.99, which petitioner agreed to. The Chief Special Master Nora Beth Dorsey issued a decision on February 8, 2018, awarding petitioner a lump sum of $122,038.99. The theory of causation is based on the "Table" as indicated in the provided data. Petitioner was represented by Amber Diane Wilson (Maglio Christopher & Toale, PA) and respondent by Althea Walker Davis (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01361-0
Date issued/filed: 2018-02-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 9/28/2017) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01361-UNJ Document 47 Filed 02/08/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1361V
Filed: September 28, 2017
UNPUBLISHED
YIWEI SUN,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 19, 2016, Yiwei Sun (“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 sustained shoulder injuries from
an influenza (“flu”) vaccination she received on October 20, 2015. Pet. at 1-4. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On March 31, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her shoulder injury. On September 28, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$122,038.99. Proffer at 1. 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.
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-01361-UNJ Document 47 Filed 02/08/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $122,038.99 in the form of a check payable to
petitioner, Yiwei Sun. 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-01361-UNJ Document 47 Filed 02/08/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
YIWEI SUN, )
)
Petitioner, ) No. 16-1361V
) Chief Special Master
v. ) Nora Beth Dorsey
) SPU
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT'S PROFFER ON AWARD OF COMPENSATION
On October 19, 2016, Yiwei Sun (“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 31, 2017.
Based on Respondent’s Rule 4(c) Report, on March 31, 2017, the Chief Special Master
found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be
awarded $122,038.99, which represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
1

Case 1:16-vv-01361-UNJ Document 47 Filed 02/08/18 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 $122,038.99 in the form of a check payable to
petitioner.1 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Althea Walker Davis
ALTHEA WALKER DAVIS
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-0515
DATED: 28 September 2017
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