VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00046
Package ID: USCOURTS-cofc-1_17-vv-00046
Petitioner: Leanne Lewis
Filed: 2017-01-11
Decided: 2018-06-11
Vaccine: influenza
Vaccination date: 2015-10-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 112500

AI-assisted case summary:
Leanne Lewis filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 30, 2015 influenza vaccination. She also received a pneumococcal vaccination on the same day. Within 48 hours of the flu shot, she experienced pain in her left shoulder, which was the site of the injection. The respondent conceded that her injury was consistent with SIRVA, as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, the onset of pain within 48 hours of vaccination, the limitation of pain to the injection site, and the absence of any other identified condition to explain the pain. The respondent also confirmed that the injury was not related to the pneumococcal vaccine. The case proceeded as a Table claim, and entitlement was granted. Subsequently, a decision awarding damages was issued. The parties stipulated to an award of $112,500.00, representing compensation for all available damages. This amount was awarded to Leanne Lewis.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00046-0
Date issued/filed: 2018-06-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/7/2018) regarding 32 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00046-UNJ Document 37 Filed 06/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-46V
Filed: March 7, 2018
UNPUBLISHED
LEANNE LEWIS,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 11, 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 a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of her October 30, 2015 influenza (“flu”)
vaccination. See Petition. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 2, 2018, respondent filed his Rule 4(c) Report and Proffer on
Compensation in which he concedes that petitioner is entitled to compensation in this
case. Respondent’s Rule 4(c) Report and Proffer on Compensation at 1. Specifically,
respondent indicates that
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-00046-UNJ Document 37 Filed 06/11/18 Page 2 of 2
[m]edical personnel at the Division of Injury Compensation Programs
(DICP) have reviewed the petition and medical records filed in this case.
Based on that review, DICP has concluded that petitioner’s left shoulder
injury is consistent with SIRVA, as defined by the Vaccine Injury Table. 42
C.F.R. § 100.3(a)(XIV)(B), (c)(10). Specifically, petitioner had no recent
history of pain, inflammation, or dysfunction of her left shoulder, the onset
of pain occurred within forty-eight hours after receipt of an intramuscular
flu vaccination, the pain was limited to the shoulder where the flu vaccine
was administered, and no other condition or abnormality, such as brachial
neuritis, has been identified to explain petitioner’s left shoulder pain. Id.
Additionally, based on the medical records outlined above, petitioner
suffered the residual effects of her condition for more than six months.
Therefore, based on the record as it now stands, petitioner has satisfied
all legal prerequisites for compensation under the Act. See 42 U.S.C. §
300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 3. Respondent further notes that
[p]etitioner, however, is not entitled to compensation for any injury that she
may allege to have been caused by her receipt a pneumococcal
vaccination also administered on October 30, 2015, including any alleged
injury to her right shoulder, because the pneumococcal vaccine is not
covered under the Vaccine Injury Table. 42 C.F.R. §100.3(a).
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-00046-1
Date issued/filed: 2018-06-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/7/2018) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00046-UNJ Document 38 Filed 06/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-46V
Filed: March 7, 2018
UNPUBLISHED
LEANNE LEWIS,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 11, 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 a Shoulder Injury Related to
Vaccine Administration (“SIRVA”) as a result of her October 30, 2015 influenza (“flu”)
vaccination. See Petition. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 2, 2018, respondent filed his Rule 4(c) Report and Proffer of
Compensation (“Proffer”) indicating petitioner should be awarded $112,500.00 Proffer
at 1, 4. In the Proffer, respondent represented that petitioner agrees with the proffered
award. On March 7, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA.
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-00046-UNJ Document 38 Filed 06/11/18 Page 2 of 2
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 Proffer, the undersigned awards petitioner
a lump sum payment of $112,500.00 in the form of a check payable to petitioner,
Leanne Lewis. 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