VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00033
Package ID: USCOURTS-cofc-1_17-vv-00033
Petitioner: Brenda Vance
Filed: 2017-01-09
Decided: 2018-02-05
Vaccine: influenza
Vaccination date: 2016-02-01
Condition: left shoulder pain and frozen shoulder
Outcome: compensated
Award amount USD: 110209

AI-assisted case summary:
Brenda Vance filed a petition for compensation on January 9, 2017, alleging that she suffered left shoulder pain and a frozen shoulder following her influenza vaccination on February 1, 2016. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that it was caused by the influenza vaccine. The respondent also agreed that no other cause for her injury was identified, that she met the statutory requirement of suffering residual effects for more than six months, and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master found Brenda Vance entitled to compensation. Subsequently, on August 16, 2017, the respondent filed a proffer on award of compensation, indicating that Brenda Vance should be awarded $110,000.00 for her injury and an additional $209.32 to satisfy a Medicaid lien. The petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding these amounts, totaling $110,209.32, on February 5, 2018.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00033-0
Date issued/filed: 2018-02-05
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/9/2017) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00033-UNJ Document 33 Filed 02/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-33V
Filed: August 9, 2017
UNPUBLISHED
BRENDA VANCE,
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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 9, 2017, 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 left shoulder pain and frozen
shoulder following her February 1, 2016 influenza (“flu”) vaccination. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 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 “believes that the alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) and that it was caused in fact
by the influenza vaccine petitioner received on February 1, 2016.” Id. at 5. Respondent
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 1:17-vv-00033-UNJ Document 33 Filed 02/05/18 Page 2 of 2
further agrees that no other cause for petitioner’s injury has been identified, that
petitioner has met the statutory requirement of suffering residual effects of her injury for
more than six months, and that 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_17-vv-00033-1
Date issued/filed: 2018-02-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 8/17/2017) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00033-UNJ Document 34 Filed 02/05/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-33V
Filed: August 17, 2017
UNPUBLISHED
BRENDA VANCE,
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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 9, 2017, 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 left shoulder pain and frozen
shoulder following her February 1, 2016 influenza (“flu”) vaccination. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
August 16, 2017, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $110,000.00 and an additional $209.32 to
satisfy a Medicaid lien by the State of Ohio. Proffer at 1. In the Proffer, respondent
represented that petitioner agrees with the proffered award. Based on 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 1:17-vv-00033-UNJ Document 34 Filed 02/05/18 Page 2 of 5
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:
 A lump sum payment of $110,000.00 in the form of a check payable to
petitioner, Brenda Vance. This amount accounts for all elements of
compensation under § 300aa-15(a) to which petitioner would be entitled; and
 A lump sum payment of $209.32, representing compensation for
satisfaction of the State of Ohio Meicaid lien, payable jointly to petitioner
and to:
Ohio Tort Recovery Unit
350 Worthington Road, Suite G
Westerville, Ohio 43082
Petitioner agrees to endorse this payment to Ohio Tort Recovery Unit.
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 1:17-vv-00033-UNJ Document 34 Filed 02/05/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
BRENDA VANCE, )
)
Petitioner, ) No. 17-33V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S AMENDED PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items:
Respondent proffers that, based on the evidence of record, petitioner, Brenda
Vance, should be awarded $110,000.00. This amount represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).
Petitioner agrees.
Respondent further proffers that petitioner, Brenda Vance, should be awarded
funds to satisfy, in full, the State of Ohio Medicaid lien in the amount of $209.32, which
represents satisfaction of any right of subrogation, assignment, claim, lien, or cause of
action the State of Ohio may have against any individual as a result of any Medicaid
payments the State of Ohio has made to or on behalf of Brenda Vance 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.

Case 1:17-vv-00033-UNJ Document 34 Filed 02/05/18 Page 4 of 5
II. Form of the Award:
The parties recommend that the compensation provided to Brenda Vance should
be made through two lump sum payments as described below, and request that the special
master’s decision and the Court’s judgment award the following:1
(1) A lump sum payment of $110,000.00 in the form of a check payable to
petitioner, Brenda Vance. This amount accounts for all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner would be
entitled; and
(2) A lump sum payment of $209.32, representing compensation for satisfaction
of the State of Ohio Medicaid lien, payable jointly to petitioner and to:
Ohio Tort Recovery Unit
350 Worthington Road, Suite G
Westerville, Ohio 43082
Petitioner agrees to endorse this payment to Ohio Tort Recovery Unit.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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
1 Should petitioner die prior to 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 and future pain and suffering.
2

Case 1:17-vv-00033-UNJ Document 34 Filed 02/05/18 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4098
E-FILED: August 16, 2017
3