VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01535
Package ID: USCOURTS-cofc-1_16-vv-01535
Petitioner: Edithe Swensen
Filed: 2017-11-17
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2015-11-24
Condition: Left Shoulder SIRVA injury, tendinitis, impingement, infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Edithe Swensen filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2016, alleging that her influenza vaccine received on November 24, 2015, caused a left-sided shoulder injury related to vaccine administration (SIRVA), along with tendinitis, impingement, infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis. The case was assigned to the Special Processing Unit. On June 19, 2017, the Chief Special Master issued a ruling on entitlement, finding Ms. Swensen entitled to compensation. The respondent conceded that her alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. Based on this concession and the evidence, entitlement was granted. Subsequently, on September 21, 2017, the respondent filed a proffer on award of compensation, recommending an award of $85,000.00, which Ms. Swensen agreed to. This amount was intended to cover all elements of compensation available under the Vaccine Act. The decision dated February 8, 2018, awarded Ms. Swensen a lump sum payment of $85,000.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01535-0
Date issued/filed: 2018-02-08
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 9/21/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01535-UNJ Document 39 Filed 02/08/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1535V
Filed: September 21, 2017
UNPUBLISHED
EDITHE SWENSEN,
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.
Bruce W. Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner.
Amy P. Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 17, 2016, Edithe Swensen (“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 alleged that her receipt of an
influenza (“flu”) vaccine on November 24, 2015, caused her to suffer a left-sided
shoulder injury related to vaccine administration (“SIRVA”), as well as “tendinitis,
impingement, infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis.”
Petition at 1. The case was assigned to the Special Processing Unit (“SPU”) of the
Office of Special Masters.
On June 19, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for a SIRVA. On September 21, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
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-01535-UNJ Document 39 Filed 02/08/18 Page 2 of 4
awarded $85,000.00. Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. 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 $85,000.00 in the form of a check payable to
petitioner, Edithe Swensen. 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-01535-UNJ Document 39 Filed 02/08/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
EDITHE SWENSEN, )
)
Petitioner, )
) No. 16-1535V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On June 19, 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 $85,000.00. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $85,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to
move the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future pain and suffering, and future lost wages.
1

Case 1:16-vv-01535-UNJ Document 39 Filed 02/08/18 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/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: September 21, 2017
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01535-2
Date issued/filed: 2018-04-30
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/19/2017) regarding 18 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01535-UNJ Document 41 Filed 04/30/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1535V
Filed: June 19, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
EDITHE SWENSEN, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Bruce Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner.
Amy Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 17, 2016, Edithe Swensen (“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 alleges that she
suffered “injuries including a Left Shoulder SIRVA injury, tendinitis, impingement,
infraspinatus tendinopathy, superior labrum tear, and subdeltoid bursitis caused-in-fact
by the adverse effects of an influenza vaccination received on November 24, 2015.”
Petition at 1; accord. Petition at ¶ 25. Petitioner further alleges that she received the
vaccination intramuscularly in the United States, has suffered the residual effects of her
injury for more than six months, and that neither she nor any other party has filed a civil
action or received compensation for her injury alleged as vaccine caused. Id. at ¶¶ 2,
26-28. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-01535-UNJ Document 41 Filed 04/30/18 Page 2 of 2
On June 16, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case for her SIRVA of the left shoulder
and its related sequelae. Respondent’s Rule 4(c) Report at 1. Specifically, respondent
“has concluded that petitioner’s alleged injury is consistent with SIRVA and that it was
caused-in-fact by the flu vaccine she received on November 24, 2015.” Id. at 4.
Respondent further indicates that “based on the record as it now stands, petitioner has
satisfied all legal prerequisites for compensation under the Vaccine 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