VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00047
Package ID: USCOURTS-cofc-1_17-vv-00047
Petitioner: Angela Turner
Filed: 2017-01-12
Decided: 2018-08-22
Vaccine: influenza
Vaccination date: 2015-10-15
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 50633

AI-assisted case summary:
Angela Turner filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2017. She alleged that she suffered a left shoulder injury as a result of an influenza vaccination received on October 15, 2015. The case was assigned to the Special Processing Unit. On April 12, 2018, the respondent filed a Rule 4(c) report conceding that Ms. Turner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 12, 2018, finding Ms. Turner entitled to compensation. Subsequently, on August 22, 2018, Chief Special Master Dorsey issued a decision awarding damages. The respondent had filed a proffer indicating that Ms. Turner should be awarded $50,633.50, representing $50,000.00 for pain and suffering and $633.50 for past unreimbursable expenses. The respondent stated that any award for projected pain and suffering had been reduced to net present value. The petitioner agreed with this proffered award. The decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The public decision does not name petitioner's counsel or respondent's counsel. Chief Special Master Nora Beth Dorsey awarded Angela Turner a lump sum payment of $50,633.50, consisting of $50,000.00 for pain and suffering and $633.50 for past unreimbursable expenses, in the form of a check payable to Ms. Turner. This amount represents compensation for all damages available under the Vaccine Act.

Theory of causation field:
Petitioner Angela Turner alleged a left shoulder injury following an influenza vaccination on October 15, 2015. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that petitioner met all legal prerequisites for compensation. The theory of causation relied upon was the "Table" for SIRVA. No specific medical experts were named in the public decision. The respondent filed a proffer agreeing to an award of $50,633.50, representing $50,000.00 for pain and suffering and $633.50 for past unreimbursable expenses. This amount was agreed upon by the petitioner. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 12, 2018, and a decision awarding damages on August 22, 2018. Attorneys for petitioner were Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and for respondent was Jennifer Leigh Reynaud of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00047-0
Date issued/filed: 2018-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/12/2018) regarding 38 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00047-UNJ Document 46 Filed 08/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0047V
Filed: April 12, 2018
UNPUBLISHED
ANGELA TURNER,
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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 12, 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 left shoulder injury as a result of
an influenza vaccination received on October 15, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 12, 2018, 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 determined that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) that was
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-00047-UNJ Document 46 Filed 08/21/18 Page 2 of 2
caused by the administration of petitioner’s flu vaccination.” Id. at 3. Respondent
further agrees 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-00047-1
Date issued/filed: 2018-08-22
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/12/2018) regarding 39 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00047-UNJ Document 47 Filed 08/22/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0047V
Filed: April 12, 2018
UNPUBLISHED
ANGELA TURNER,
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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 12, 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 left shoulder injury as a result of
an influenza vaccination received on October 15, 2015. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 12, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. In his Rule 4(c) Report filed on April 12, 2018,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded $50,633.50, representing compensation for pain and suffering
($50,000.00) and past reimbursable expenses ($633.50). Rule 4(c) Report and Proffer
at 4. Respondent indicated that this amount reflects that any award for projected pain
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-00047-UNJ Document 47 Filed 08/22/18 Page 2 of 2
and suffering has been reduced to net present value. Id. at 3-4. In the Proffer,
respondent represented 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 Proffer, the undersigned awards petitioner
a lump sum payment of $50,633.50, consisting of $50,000.00 for pain and
suffering and $633.50 for past unreimbursable expenses, in the form of a check
payable to petitioner, Angela Turner. 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