VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01574
Package ID: USCOURTS-cofc-1_16-vv-01574
Petitioner: Donald D. Dix
Filed: 2016-11-28
Decided: 2018-02-14
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: shoulder injury related to vaccine administration (SIRVA); Adhesive Capsulitis
Outcome: compensated
Award amount USD: 123732

AI-assisted case summary:
Donald D. Dix filed a petition for compensation on November 28, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2015. The respondent conceded that Mr. Dix suffered a non-Table injury of left-side adhesive capsulitis, causally related to the flu vaccination, and that he met the statutory requirements for compensation. The Chief Special Master issued a ruling on entitlement on May 17, 2017, finding Mr. Dix entitled to compensation. Subsequently, on October 11, 2017, the respondent filed a proffer on award of compensation, proposing an award of $123,732.00, which included $110,000.00 for pain and suffering, $10,678.00 for future expenses, and $3,054.00 for past expenses. Mr. Dix agreed with this proffered award. On February 14, 2018, the court awarded Mr. Dix a lump sum payment of $123,732.00.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01574-0
Date issued/filed: 2017-12-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/17/2017) regarding 16 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:16-vv-01574-UNJ Document 35 Filed 12/14/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1574V
Filed: May 17, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DONALD D. DIX, *
*
Petitioner, * Ruling on Entitlement (Non-Table);
v. * Concession; Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Adhesive
AND HUMAN SERVICES, * Capsulitis; Special Processing Unit
* (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Milton C. Ragsdale, IV, Ragsdale, LLC, Birmingham, AL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 28, 2016, Donald D. Dix (“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 he suffered a shoulder
injury related to vaccine administration (“SIRVA”) after receiving an influenza (“flu”)
vaccination on September 29, 2015. Petition at 1-3. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On May 16, 2017, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to compensation. Rule 4(c) Rep. at 1. Based on the opinion of the medical
personnel at the Division of Injury Compensation Programs, Department of Health and
Human Services (“DICP”), respondent has “concluded that petitioner suffered a non-
Table injury of left-side adhesive capsulitis and that the preponderance of the medical
evidence indicates that the injury was causally related to the flu vaccination he received
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-01574-UNJ Document 35 Filed 12/14/17 Page 2 of 2
on September 29, 2015.” Id. at 6. No other causes for petitioner’s adhesive capsulitis
were identified. Id. In addition, petitioner met the statutory requirements by suffering
the condition for more than six months. Id. Based on the record as it now stands,
respondent believes entitlement to Vaccine Act compensation is appropriate. Id.
In view of respondent’s concession and the evidence of record, 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-01574-1
Date issued/filed: 2018-02-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/11/2017) 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-01574-UNJ Document 41 Filed 02/14/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1574V
Filed: October 11, 2017
UNPUBLISHED
DONALD D. DIX,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA); Adhesive
SECRETARY OF HEALTH AND
Capsulitis
HUMAN SERVICES,
Respondent.
Milton C. Ragsdale, IV, Ragsdale, LLC, Birmingham, AL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 28, 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 alleged that he suffered a shoulder injury related to
vaccine administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on
September 29, 2015. Petition at 1-3. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On May 17, 2017, the undersigned issued a ruling on entitlement, finding
petitioner entitled to compensation for adhesive capsulitis. On October 11, 2017,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded $123,732.00, which amount is comprised of: a) $110,000.00 for pain
and suffering; b) $10,678.00 for future expenses; and c) $3,054.00 for past expenses.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-01574-UNJ Document 41 Filed 02/14/18 Page 2 of 4
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 $123,732.00 in the form of a check payable to
petitioner, Donald D. Dix. 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-01574-UNJ Document 41 Filed 02/14/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
DONALD D. DIX, *
*
Petitioner, *
*
v. * No. 16-1574V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her May 17, 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 he received on
September 29, 2015. 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 $123,732.00
should be awarded petitioner. This amount is comprised of: a) $110,000.00 for pain and
suffering; b) $10,678.00 in future expenses; and c) $3,054.00 for past expenses. 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-01574-UNJ Document 41 Filed 02/14/18 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 $123,732.00 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
ALEXIS B. BABCOCK
Assistant Director
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 11, 2017
2