VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01582
Package ID: USCOURTS-cofc-1_16-vv-01582
Petitioner: Christy Heil
Filed: 2016-11-29
Decided: 2018-01-23
Vaccine: influenza
Vaccination date: 2015-11-23
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 65230

AI-assisted case summary:
On November 29, 2016, Christy Heil filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine. The respondent further agreed that no other cause for the injury was identified, that the sequelae lasted more than six months from the vaccination date, and that the petitioner met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 10, 2017, finding petitioner entitled to compensation. Subsequently, on July 10, 2017, the respondent filed a proffer on the award of compensation, proposing an award of $65,230.00, which the petitioner agreed to. In a decision dated January 23, 2018, Chief Special Master Dorsey awarded Christy Heil a lump sum payment of $65,230.00, payable by check to the petitioner, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Christy Heil alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 23, 2015. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, with no other identified cause and sequelae lasting more than six months. The case proceeded on a concession of entitlement. The theory of causation was that the influenza vaccine administered on November 23, 2015, caused SIRVA. The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. Petitioner was awarded $65,230.00 as a lump sum payment on January 23, 2018, based on a proffer agreed to by both parties. Chief Special Master Nora Beth Dorsey presided over the case. Attorneys involved were Jeffrey S. Pop for the petitioner and Amy Paula Kokot for the respondent. The injury is considered off-Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01582-0
Date issued/filed: 2018-01-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/10/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01582-UNJ Document 36 Filed 01/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1582V
Filed: July 10, 2017
UNPUBLISHED
CHRISTY HEIL,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 29, 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 receipt of her November 23, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 6, 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 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 23,
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-01582-UNJ Document 36 Filed 01/23/18 Page 2 of 2
2015.” Id. at 3. Respondent further agrees that no other cause for petitioner’s shoulder
injury has been identified, that petitioner suffered sequela of her injury that lasted more
than six months from the administration of the vaccination, and that petitioner has
satisfied all legal prerequisites to compensation under the Vaccine Act. Id.
In view of respondent’s position 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

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01582-1
Date issued/filed: 2018-01-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 7/10/2017) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01582-UNJ Document 37 Filed 01/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1582V
Filed: July 10, 2017
UNPUBLISHED
CHRISTY HEIL,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 29, 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 receipt of her November 23, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 10, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On July 10, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $65,230.00. 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-01582-UNJ Document 37 Filed 01/23/18 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 $65,230.00 in the form of a check payable to
petitioner, Christy Heil. 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-01582-UNJ Document 37 Filed 01/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHRISTY HEIL, )
)
Petitioner, )
) No. 16-1582V (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 July 10, 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 $65,230.00. 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 $65,230.00 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-01582-UNJ Document 37 Filed 01/23/18 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
GABRIELLE M. FIELDING
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: July 10, 2017
2