VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01528
Package ID: USCOURTS-cofc-1_16-vv-01528
Petitioner: Glenda Garnsey
Filed: 2016-11-16
Decided: 2018-05-02
Vaccine: influenza
Vaccination date: 2015-12-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 69096

AI-assisted case summary:
Glenda Garnsey filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 7, 2015. The respondent filed a Rule 4(c) report on June 14, 2017, conceding that the petitioner's injury was consistent with SIRVA and was caused by the flu vaccination. Based on this concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding Ms. Garnsey entitled to compensation. Subsequently, on July 31, 2017, the respondent filed a proffer recommending an award of $69,096.96. The decision dated May 2, 2018, memorialized this recommendation, awarding Glenda Garnsey a lump sum payment of $69,096.96, representing compensation for all damages available under the Vaccine Act. The petitioner is a competent adult. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and the respondent was represented by Mallori Openchowski of the U.S. Department of Justice.

Theory of causation field:
Petitioner Glenda Garnsey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 7, 2015. The respondent conceded that the injury was consistent with SIRVA and caused by the vaccination. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding petitioner entitled to compensation based on the respondent's concession. On July 31, 2017, respondent filed a proffer recommending an award of $69,096.96, which petitioner agreed to. A decision on May 2, 2018, awarded petitioner a lump sum of $69,096.96. The theory of causation was based on the "Table" for SIRVA. Petitioner was represented by Paul Brazil and respondent by Mallori Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01528-0
Date issued/filed: 2018-05-02
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/15/2017) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01528-UNJ Document 35 Filed 05/02/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1528V
Filed: June 15, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
GLENDA GARNSEY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 16, 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 a December 7, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 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 has determined that petitioner’s alleged injury is
consistent with a SIRVA, and it was caused by the flu vaccination that petitioner
received on December 7, 2015. Id. at 4. Respondent further agrees that, based on the
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-01528-UNJ Document 35 Filed 05/02/18 Page 2 of 2
record as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Vaccine Act. Id. at 4-5.
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-01528-1
Date issued/filed: 2018-05-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/03/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01528-UNJ Document 36 Filed 05/02/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1528V
Filed: August 3, 2017
UNPUBLISHED
GLENDA GARNSEY,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 16, 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 a December 7, 2015 influenza (“flu”) vaccine.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On June 15, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On July 31, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $69,096.96. Proffer at
1. In the Proffer, respondent represented that petitioner agrees with the proffered
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-01528-UNJ Document 36 Filed 05/02/18 Page 2 of 4
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 $69,096.96 in the form of a check payable to
petitioner, Glenda Garnsey. 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-01528-UNJ Document 36 Filed 05/02/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
GLENDA GARNSEY,
)
)
Petitioner,
) No. 16-1528V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 15, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement finding
that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Based on the evidence of record, respondent proffers that petitioner
should be awarded $69,096.96. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $69,096.96, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings
and future pain and suffering.

Case 1:16-vv-01528-UNJ Document 36 Filed 05/02/18 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
DATED: July 31, 2017