VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01533
Package ID: USCOURTS-cofc-1_16-vv-01533
Petitioner: Heather Ryan
Filed: 2017-05-26
Decided: 2018-03-09
Vaccine: influenza
Vaccination date: 2015-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 124815

AI-assisted case summary:
Heather Ryan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her influenza vaccination on September 30, 2015, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. Respondent conceded that petitioner was entitled to compensation, determining that the alleged injury was consistent with SIRVA caused by the vaccination and that no other cause had been identified. A ruling on entitlement was issued on May 26, 2017, finding petitioner entitled to compensation. Subsequently, on November 29, 2017, respondent filed a proffer on award of compensation, proposing an award of $115,000.00 for past and future pain and suffering, $8,500.00 for past and future wage loss, $700.00 for past unreimbursed medical expenses, and $615.06 for a Medicaid lien. Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages on March 9, 2018, granting a total of $124,815.06, comprising a lump sum of $124,200.00 to petitioner and a lump sum of $615.06 payable jointly to petitioner and Optum for the Medicaid lien.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01533-0
Date issued/filed: 2017-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/26/2017) 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-01533-UNJ Document 38 Filed 12/19/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1533V
Filed: May 26, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
HEATHER RYAN, also known as *
HEATHER CAHILL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”);
SECRETARY OF HEALTH * Influenza (“Flu”) Vaccination;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop Attorney at Law, Beverly Hills, CA, for petitioner.
Debra A. Filteau Begley, 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 her influenza (“flu”) vaccination on September 30,
2015 caused her to suffer a shoulder injury related to vaccine administration (“SIRVA”).
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 25, 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 the alleged injury is consistent with SIRVA
that was caused by the administration of petitioner’s flu vaccination.” Id. at 3.
Respondent further agrees that no other cause has been identified “for petitioner’s
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-01533-UNJ Document 38 Filed 12/19/17 Page 2 of 2
shoulder injury, and the medical records . . . show that she suffered the residual effects
of her condition for more than six months.” Id. Finally, respondent indicates that “based
on the record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act.” Id. (citing See 42 U.S.C. § 300aa-13(a)(1)(B);
42 U.S.C. § 300aa-11(c)(1)(D)(i)).
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-01533-1
Date issued/filed: 2018-03-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 11/30/2017) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01533-UNJ Document 44 Filed 03/09/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1533V
Filed: November 30, 2017
UNPUBLISHED
HEATHER RYAN, also known as,
Special Processing Unit (SPU);
HEATHER CAHILL
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
Petitioner,
Injury Related to Vaccine
v.
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Debra A. Filteau Begley, 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 that her influenza (“flu”) vaccination on
September 30, 2015 caused her to suffer a shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 26, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On November 29, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded compensation of
$115,000.00 representing past and future pain and suffering, $8,500.00 representing
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-01533-UNJ Document 44 Filed 03/09/18 Page 2 of 5
past and future wage loss, $700.00 representing past unreimbursed medical expenses,
and $615.06 for payment of a Medicaid lien. 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
the following compensation:
A. A lump sum payment of $124,200.00 which represents compensation
for past and future pain and suffering ($115,000.00), past and future
wage loss ($8,500.00), and past unreimbursed expenses ($700.00), in
the form of a check payable to petitioner, and
B. A lump sum payment of $615.06, representing compensation for
satisfaction of the State of Louisiana Medicaid lien, in the form of
check payable jointly to petitioner and
Optum
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
Petitioner agrees to endorse this payment to the State of Louisiana.
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-01533-UNJ Document 44 Filed 03/09/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
HEATHER RYAN also known as *
HEATHER CAHILL, *
*
Petitioner, * No. 16-1533V
* CHIEF SPECIAL MASTER
v. * NORA BETH DORSEY
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
*************************************
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
The Court issued a Ruling on Entitlement on May 26, 2017. Based upon the evidence of
record, respondent proffers that petitioner should be awarded compensation as follows:
A. $115,000.00, for past and future pain and suffering,
B. $8,500.00, for past and future wage loss,
C. $700.00, for past unreimbursed medical expenses, and
D. $615.06, for payment of a Medicaid lien, which represents full satisfaction of any
right of subrogation, assignment, claim, lien, or cause of action the State of
Louisiana has made to or on behalf of petitioner from the date of her eligibility for
benefits through the date of judgment in this case as a result of her vaccine-related
injury, under Title XIX of the Social Security Act.
These amounts represent 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 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-01533-UNJ Document 44 Filed 03/09/18 Page 4 of 5
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that compensation provided to petitioner should be made as follows:
A. A lump sum payment of $124,200.00 in the form of a check payable to petitioner,
and
B. A lump sum payment of $615.06, representing compensation for satisfaction of
the State of Louisiana Medicaid lien, in the form of check payable jointly to
petitioner and
Optum
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
Petitioner agrees to endorse this payment to the State of Louisiana.
Petitioner agrees.
Respectfully submitted,
CHAD A. READLER
Principal Deputy 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
2

Case 1:16-vv-01533-UNJ Document 44 Filed 03/09/18 Page 5 of 5
/s/ DEBRA A. FILTEAU BEGLEY
DEBRA A. FILTEAU BEGLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4181
Dated: November 29, 2017
3