VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01377
Package ID: USCOURTS-cofc-1_16-vv-01377
Petitioner: Elizabeth Glick
Filed: 2016-10-21
Decided: 2018-01-23
Vaccine: influenza
Vaccination date: 2013-10-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 135570

AI-assisted case summary:
Elizabeth Glick filed a petition for compensation under the National Vaccine Injury Compensation Program on October 21, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination received on October 22, 2013. The case was assigned to the Special Processing Unit. Petitioner filed an amended petition on November 14, 2016, including citations to relevant medical records. On May 31, 2017, the respondent filed a Rule 4(c) report conceding entitlement, establishing that the SIRVA was caused-in-fact by the flu vaccine and that no other causes were identified. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2017, finding Ms. Glick entitled to compensation. Subsequently, on July 18, 2017, respondent filed a proffer on award of compensation proposing an award of $135,570.82, which petitioner agreed to. The decision dated January 23, 2018, awarded Ms. Glick a lump sum payment of $135,570.82. Petitioner was represented by John Howie, Jr. of Howie Law, PC, and respondent was represented by Camille Collett of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Elizabeth Glick alleged a shoulder injury related to vaccine administration (SIRVA) caused-in-fact by an influenza vaccination received on October 22, 2013. The respondent conceded entitlement, agreeing that the SIRVA was caused by the vaccine and no other causes were identified. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2017. Subsequently, a proffer on award of compensation was filed on July 18, 2017, proposing a lump sum payment of $135,570.82, which petitioner accepted. The final decision on January 23, 2018, awarded petitioner $135,570.82. The theory of causation is considered off-Table. The public text does not name specific medical experts or detail the mechanism of injury. Petitioner was represented by John Howie, Jr. and respondent by Camille Collett.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01377-0
Date issued/filed: 2017-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/31/2017) regarding 20 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01377-UNJ Document 35 Filed 12/19/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1377V
Filed: May 31, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ELIZABETH GLICK, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 21, 2016, Elizabeth Glick (“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 a shoulder injury related to vaccine administration (“SIRVA”) caused-in-fact by
the influenza vaccination she received on October 22, 2013. Petition at 1, ¶¶ 1, 3, 18,
12. Petitioner further alleged that she has suffered the residual effects of her injury for
more than six months and has not file a civil action or received compensation for her
injuries alleged as vaccine caused. Id. at ¶¶ 16-17. The case was assigned to the
Special Processing Unit of the Office of Special Masters. On November 14, 2016,
petitioner filed an amended petition which included citations to relevant portions of the
medical records filed. See Amended Petition (ECF No. 11).
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-01377-UNJ Document 35 Filed 12/19/17 Page 2 of 2
On May 31, 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 “has concluded that a preponderance of evidence establishes
that petitioner’s SIRVA was caused-in-fact by the administration of the flu vaccine she
received on October 22, 2013; and that no other causes for SIRVA were identified.” Id.
at 5 (citation omitted). Respondent further indicates that “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 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_16-vv-01377-1
Date issued/filed: 2018-01-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 7/18/2017) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01377-UNJ Document 36 Filed 01/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1377V
Filed: July 18, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ELIZABETH GLICK, *
*
Petitioner, *
* Damages Decision Based on Proffer;
v. * Influenza Vaccine (“Flu Vaccine”);
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 21, 2016, Elizabeth Glick (“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 a shoulder injury related to vaccine administration (“SIRVA”) caused-in-fact by
the influenza vaccination she received on October 22, 2013. Petition at 1, ¶¶ 1, 3, 18,
12. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On May 31, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation. (ECF No. 20). On July 18, 2017, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
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-01377-UNJ Document 36 Filed 01/23/18 Page 2 of 4
$135,570.82. Proffer at 1-2. In the Proffer, respondent represented that petitioner
agrees with the proffered award. Id. at 2. 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 $135,570.82 in the form of a check payable to
petitioner, Elizabeth Glick. 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-01377-UNJ Document 36 Filed 01/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ELIZABETH GLICK, )
)
Petitioner, ) No. 16-1377V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 30, 2017, respondent filed her Rule 4(c) Report, in which she conceded
entitlement. On May 31, 2017, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation. Respondent now proffers that petitioner receive an
award of a lump sum of $135,570.82 in the form of a check payable to petitioner. This
amount represents compensation for all elements of compensation under 42 U.S.C. §
300aa-15(a) to which petitioner is entitled.1 This proffer does not address final attorneys’
fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees
and litigation costs, to be determined at a later date upon petitioner submitting
substantiating documentation.
Petitioner agrees with the proffered award of $135,570.82.
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.

Case 1:16-vv-01377-UNJ Document 36 Filed 01/23/18 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/Camille M. Collett
CAMILLE M. COLLETT
Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4098
Dated: July 18, 2017