VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00057
Package ID: USCOURTS-cofc-1_17-vv-00057
Petitioner: Dale Maclaughlin
Filed: 2017-01-13
Decided: 2018-06-12
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
Dale Maclaughlin filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2015. The respondent, represented by Robert Paul Coleman, III of the U.S. Department of Justice, filed a Rule 4(c) report conceding that petitioner's SIRVA was caused-in-fact by the flu vaccination administered in his right arm on October 2, 2015, and that petitioner met all legal prerequisites for compensation. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 16, 2018, finding petitioner entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on June 12, 2018, Chief Special Master Dorsey issued a decision awarding damages. The respondent had proffered an award of $95,000.00, which the petitioner agreed to. The decision stated that the petitioner was awarded a lump sum payment of $95,000.00, payable by check to Dale Maclaughlin, representing compensation for all damages available under § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond the general category of SIRVA. No specific medical experts were named in the provided text.

Theory of causation field:
Petitioner Dale Maclaughlin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 2, 2015. The respondent conceded that the SIRVA was caused-in-fact by the vaccination and that petitioner met all legal prerequisites for compensation. The public text does not specify the medical mechanism of injury, any named medical experts, or the specific evidence supporting the causation theory beyond the respondent's concession. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 16, 2018, and a decision awarding damages on June 12, 2018. The award was a lump sum of $95,000.00. Attorneys involved were Elizabeth Martin Muldowney for the petitioner and Robert Paul Coleman, III for the respondent. The theory of causation is considered "Off-Table" as it is not explicitly listed on the Vaccine Injury Table, but was established through concession.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00057-0
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/16/2018) regarding 35 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00057-UNJ Document 40 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-57V
Filed: March 16, 2018
UNPUBLISHED
DALE MACLAUGHLIN,
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.
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 13, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination administered on
October 2, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 16, 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 states that petitioner’s SIRVA was caused-in-fact by the
flu vaccination administered in his right arm on October 2, 2015. Id. at 4. 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-00057-UNJ Document 40 Filed 06/12/18 Page 2 of 2
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-00057-1
Date issued/filed: 2018-06-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/16/2018) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00057-UNJ Document 41 Filed 06/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-57V
Filed: March 16, 2018
UNPUBLISHED
DALE MACLAUGHLIN,
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.
Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 13, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination administered on
October 2, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On March 16, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On March 16, 2018, respondent filed Respondent’s Rule
4(c) Report and Proffer on Award of Compensation (“Respondent’s Report and Proffer”)
indicating petitioner should be awarded $95,000.00. Respondent’s Report and Proffer
at 5. 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 1:17-vv-00057-UNJ Document 41 Filed 06/12/18 Page 2 of 2
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 $95,000.00 in the form of a check payable to petitioner,
Dale Maclaughlin. 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