VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01463
Package ID: USCOURTS-cofc-1_16-vv-01463
Petitioner: Abby Dux
Filed: 2016-11-04
Decided: 2018-05-15
Vaccine: influenza
Vaccination date: 2014-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 81240

AI-assisted case summary:
Abby Dux filed a petition for compensation on November 4, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on October 10, 2014. The respondent, represented by Douglas Ross of the U.S. Department of Justice, conceded that petitioner suffered left-side adhesive capsulitis causally related to the flu vaccination and satisfied all legal prerequisites for compensation. On March 15, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Abby Dux entitled to compensation. Subsequently, on October 17, 2017, the respondent filed a proffer on award of compensation, proposing a total of $81,240.10. This amount included $68,000.00 for pain and suffering, $7,500.00 for future expenses, $544.45 for past expenses, and $5,195.65 for lost earnings. Petitioner, represented by Ronald Homer of Conway, Homer, P.C., agreed with the proffered award. On May 15, 2018, Chief Special Master Nora Beth Dorsey awarded Abby Dux a lump sum payment of $81,240.10, payable by check to petitioner. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The theory of causation was based on the respondent's concession of a SIRVA causally related to the vaccination.

Theory of causation field:
Petitioner Abby Dux alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 10, 2014. The respondent conceded that petitioner suffered left-side adhesive capsulitis causally related to the flu vaccination and met all legal requirements for compensation. The case proceeded to an award of damages based on a proffer agreed to by both parties. The respondent's proffer, filed October 17, 2017, proposed an award of $81,240.10, comprising $68,000.00 for pain and suffering, $7,500.00 for future expenses, $544.45 for past expenses, and $5,195.65 for lost earnings. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 15, 2017, and awarded the stipulated amount on May 15, 2018. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the provided public text, but the outcome was compensation based on a concession of a Table-qualified SIRVA injury. Petitioner was represented by Ronald Homer and respondent by Douglas Ross.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01463-0
Date issued/filed: 2017-09-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/15/2017) regarding 17 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01463-UNJ Document 34 Filed 09/29/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1463V
Filed: March 15, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ABBY DUX, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 4, 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”) vaccination administered on
October 10, 2014. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 14, 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 concluded that petitioner suffered left-side adhesive
capsulitis causally related to the flu vaccination she received on October 10, 2014. Id.
at 5. 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).

Case 1:16-vv-01463-UNJ Document 34 Filed 09/29/17 Page 2 of 2
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-01463-1
Date issued/filed: 2018-05-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/19/2017) regarding 49 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. Modified on 5/16/2018 to add the correct document number (fm).
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Case 1:16-vv-01463-UNJ Document 49 Filed 05/15/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1463V
Filed: October 19, 2017
UNPUBLISHED
ABBY DUX,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 4, 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”) vaccination administered on
October 10, 2014. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 15, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On October 17, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $81,240.10
comprised of $68,000.00 for pain and suffering; $7,500.00 in future expenses; $544.45
for past expenses; and $5,195.65 for lost earnings. Proffer at 1. 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-01463-UNJ Document 49 Filed 05/15/18 Page 2 of 4
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 $81,240.10 in the form of a check payable to
petitioner, Abby Dux. 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-01463-UNJ Document 49 Filed 05/15/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
ABBY DUX, *
*
Petitioner, *
*
v. * No. 16-1463V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her March 15, 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 10, 2014. 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 $81,240.10
should be awarded petitioner. This amount is comprised of: a) $68,000.00 for pain and
suffering; b) $7,500.00 in future expenses; c) $544.45 for past expenses; and d) $5,195.65 for
lost earnings. 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-01463-UNJ Document 49 Filed 05/15/18 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 $81,240.10 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
VORIS E. JOHNSON, JR.
Senior Trial Attorney
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: October 17, 2017
2