VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01598
Package ID: USCOURTS-cofc-1_16-vv-01598
Petitioner: Julia Franklin
Filed: 2016-12-01
Decided: 2018-03-15
Vaccine: influenza
Vaccination date: 2015-11-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80774

AI-assisted case summary:
On December 1, 2016, Julia Franklin 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 19, 2015. The respondent, the Secretary of Health and Human Services, did not contest entitlement to compensation. In a report filed on July 25, 2017, the respondent stated that the petitioner's alleged injury was consistent with SIRVA caused by the flu vaccination and that she met the statutory requirement of suffering her condition for more than six months. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 25, 2017, finding Ms. Franklin entitled to compensation. Subsequently, on December 18, 2017, the respondent filed a proffer on the award of compensation. The respondent proposed an award of $80,000.00 for past and future pain and suffering and $774.10 for past unreimbursed medical expenses, totaling $80,774.10. The petitioner agreed with this proposed award. On March 15, 2018, Chief Special Master Nora Beth Dorsey issued a decision awarding Ms. Franklin a lump sum payment of $80,774.10, representing the agreed-upon amounts for pain and suffering and medical expenses. Petitioner counsel was Ronald C. Homer of Conway, Homer, P.C. Respondent counsel was Debra A. Filteau Begley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Julia Franklin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 19, 2015. The respondent did not contest entitlement, stating the injury was consistent with SIRVA caused by the flu vaccine and that the petitioner met statutory requirements. The case proceeded to an award based on a proffer filed by the respondent on December 18, 2017, and agreed to by the petitioner. The Special Master's ruling on entitlement was issued on July 25, 2017, and the decision awarding damages was issued on March 15, 2018. The award totaled $80,774.10, consisting of $80,000.00 for past and future pain and suffering and $774.10 for past unreimbursed medical expenses. The theory of causation was based on the "Table" for SIRVA, as the respondent did not contest the claim. No specific medical experts or detailed causation mechanisms were described in the provided public text. Petitioner was represented by Ronald C. Homer, and respondent was represented by Debra A. Filteau Begley. Chief Special Master Nora Beth Dorsey presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01598-0
Date issued/filed: 2018-01-23
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/25/2017) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01598-UNJ Document 37 Filed 01/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1598V
Filed: July 25, 2017
UNPUBLISHED
JULIA FRANKLIN,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Begley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On December 1, 2016, Julia Franklin (“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”) after receiving an influenza (“flu”)
vaccination on November 19, 2015. Petition at 1. The case was assigned to the
Special Processing Unit (“SPU”) of the Office of Special Masters.
On July 25, 2017, respondent filed his Rule 4(c) Report in which he states that he
does not contest that petitioner is entitled to compensation in this case. Respondent’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-01598-UNJ Document 37 Filed 01/23/18 Page 2 of 2
Rule 4(c) Report at 1. Specifically, respondent stated that petitioner’s alleged injury is
consistent with SIRVA caused by the administration of petitioner’s flu vaccination. Id. at
4. Respondent further stated that petitioner meets the statutory requirements by
suffering her condition for more than six months. Id. Therefore, 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 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-01598-1
Date issued/filed: 2018-03-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/19/2017) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01598-UNJ Document 38 Filed 03/15/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1598V
Filed: December 19, 2017
UNPUBLISHED
JULIA FRANKLIN,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 1, 2016, Julia Franklin (“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”) after receiving an influenza (“flu”)
vaccine on November 19, 2015. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On July 25, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On December 18, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded a total of $80,774.10
(representing $80,000.00 for past and future pain and suffering, and $774.10 for past
unreimbursed medical expenses). Proffer at 1. In the Proffer, respondent represented
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-01598-UNJ Document 38 Filed 03/15/18 Page 2 of 4
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
petitioner a lump sum payment of $80,774.10 (representing $80,000.00 for past
and future pain and suffering, and $774.10 for past unreimbursed medical
expenses) in the form of a check payable to petitioner, Julia Franklin. 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-01598-UNJ Document 38 Filed 03/15/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*************************************
JULIA FRANKLIN, *
*
Petitioner, * No. 16-1598V
* 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 July 25, 2017. Based upon the evidence of
record, respondent proffers that petitioner should be awarded compensation as follows:
A. $80,000.00, for past and future pain and suffering, and
B. $774.10, for past unreimbursed medical expenses.
These amounts represent 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
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that petitioner be awarded a lump sum payment of $80,774.10 in the
form of a check payable to petitioner. 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-01598-UNJ Document 38 Filed 03/15/18 Page 4 of 4
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/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: December 18, 2017
2