VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01442
Package ID: USCOURTS-cofc-1_16-vv-01442
Petitioner: Donna Huddy
Filed: 2016-11-02
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2015-09-23
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 131280

AI-assisted case summary:
Donna Huddy filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2016, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 23, 2015. The respondent filed a Rule 4(c) report on March 20, 2017, conceding that Ms. Huddy's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine, agreeing that she met all legal prerequisites for compensation. On March 22, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Huddy entitled to compensation. Subsequently, on August 22, 2018, the parties submitted a joint proffer on the award of compensation. The respondent proposed an award of $131,280.57, which included $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed expenses, and $7,000.00 for lost wages. The petitioner agreed with this proffered amount. Based on the record and the parties' agreement, Chief Special Master Nora Beth Dorsey issued a decision on October 23, 2018, awarding Donna Huddy a lump sum payment of $131,280.57. Petitioner's counsel was Amber Wilson of Maglio Christopher and Toale, and respondent's counsel was Lynn Ricciardella of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Donna Huddy received an influenza vaccine on September 23, 2015, and subsequently developed a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, satisfying the requirements for compensation under the National Vaccine Injury Compensation Program. The specific mechanism of injury and expert testimony are not detailed in the public record. The case proceeded to a damages decision based on a joint proffer. Chief Special Master Nora Beth Dorsey awarded a lump sum of $131,280.57 on October 23, 2018, consisting of $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed expenses, and $7,000.00 for lost wages. Petitioner was represented by Amber Wilson, and respondent was represented by Lynn Ricciardella. The theory of causation is based on the "Table" category of vaccine injury, as conceded by the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01442-0
Date issued/filed: 2017-10-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/22/2017) regarding 13 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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CCaassee 11::1166--vvvv--0011444422--UUNNJJ DDooccuummeenntt 1239 FFiilleedd 0130//2220//1177 PPaaggee 11 ooff 22
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1442V
Filed: March 22, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONNA HUDDY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amber Wilson, Maglio Christopher and Toale, Washington, D.C., for petitioner.
Lynn Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 2, 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 right shoulder injury related to
vaccine administration (“SIRVA”) following an influenza (“flu”) vaccine administered on
September 23, 2015. Petition at ¶¶ 2, 13. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On March 20, 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 petitioner’s alleged injury is consistent
with a SIRVA and was caused-in-fact by the administration of a flu vaccine. Id. at 6.
Respondent further agrees that petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. 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).

CCaassee 11::1166--vvvv--0011444422--UUNNJJ DDooccuummeenntt 1239 FFiilleedd 0130//2220//1177 PPaaggee 22 ooff 22
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-01442-1
Date issued/filed: 2018-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/23/2018) regarding 55 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01442-UNJ Document 64 Filed 10/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1442V
Filed: August 23, 2018
UNPUBLISHED
DONNA HUDDY,
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.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 2, 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”) following an influenza (“flu”) vaccine administered on
September 23, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 22, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On August 22, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $131,280.57
comprised of $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed
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-01442-UNJ Document 64 Filed 10/23/18 Page 2 of 4
expenses, and $7,000.00 for lost wages. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $131,280.57 in the form of a check payable to
petitioner, Donna Huddy. 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-01442-UNJ Document 64 Filed 10/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DONNA HUDDY,
Petitioner,
v.
No. 16-1442V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
On March 20, 2017, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner, Donna Huddy, suffered an injury that is compensable under the National Childhood
Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§300aa-1 to -34. Accordingly, on March
22, 2017, the Chief Special Master issued a Ruling on Entitlement.
Respondent now proffers that, based on the evidence of record, petitioner should be
awarded $131,280.57, consisting of $122,500.00 for pain and suffering, $1,780.57 for past
unreimbursed expenses, and $7,000.00 for lost wages. This 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, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses and future pain and suffering.
1

Case 1:16-vv-01442-UNJ Document 64 Filed 10/23/18 Page 4 of 4
II. Form of the Award:
The parties recommend that the compensation provided to Donna Huddy should be made
through a lump sum payment as described below, and they request that the Chief Special
Master’s decision and the Court’s judgment award the following:
A lump sum payment of $131,280.57 in the form of a check payable to petitioner, Donna
Huddy.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Lynn E. Ricciardella
LYNN E. RICCIARDELLA
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) 616-4356
Dated: August 22, 2018
2