VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00085
Package ID: USCOURTS-cofc-1_17-vv-00085
Petitioner: Lauren Shaw
Filed: 2017-01-18
Decided: 2018-03-09
Vaccine: influenza
Vaccination date: 2015-12-08
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
On January 18, 2017, Lauren Shaw filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by an influenza vaccine received on December 8, 2015. The case was assigned to the Special Processing Unit. On September 1, 2017, the respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine. The respondent also agreed that the statutory six-month sequela requirement was met. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 5, 2017, finding petitioner entitled to compensation. Subsequently, on November 15, 2017, the respondent filed a Proffer on Award of Compensation, proposing an award of $90,000.00, which the petitioner agreed to. On March 9, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Lauren Shaw a lump sum payment of $90,000.00, payable by check to petitioner, as compensation for all eligible damages. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and the respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lauren Shaw alleged a left shoulder injury, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA), caused-in-fact by an influenza vaccine administered on December 8, 2015. The respondent conceded causation-in-fact and satisfaction of the six-month sequela requirement, proceeding as an off-Table claim. The Special Master found petitioner entitled to compensation. A subsequent proffer agreed upon by both parties resulted in an award of $90,000.00 as a lump sum payment. Petitioner was represented by Diana Lynn Stadelnikas, and respondent by Amy Paula Kokot. Chief Special Master Nora Beth Dorsey presided over the entitlement ruling (September 5, 2017) and the damages decision (March 9, 2018).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00085-0
Date issued/filed: 2018-02-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/5/2017) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00085-UNJ Document 32 Filed 02/08/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-85V
Filed: September 5, 2017
UNPUBLISHED
LAUREN SHAW,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 18, 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 that she suffered a left shoulder injury that was
caused-in-fact by the influenza (“flu”) vaccine she received on December 8, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 1, 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 states that “petitioner’s alleged injury is
consistent with SIRVA and that it was caused-in-fact by the flu vaccine she received on
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-00085-UNJ Document 32 Filed 02/08/18 Page 2 of 2
December 8, 2015.” Id. at 4. Respondent further agrees that the statutory six month
sequela requirement has been satisfied. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00085-1
Date issued/filed: 2018-03-09
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/15/2017) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00085-UNJ Document 35 Filed 03/09/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-85V
Filed: November 15, 2017
UNPUBLISHED
LAUREN SHAW,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 18, 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 that was
caused-in-fact by the influenza (“flu”) vaccine she received on December 8, 2015.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 5, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injury. On November 15, 2017, respondent
filed a proffer on award of compensation (“Proffer”) indicating petitioner should be
awarded $90,000.00. Proffer at 1. In the Proffer, respondent represented that
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-00085-UNJ Document 35 Filed 03/09/18 Page 2 of 4
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 $90,000.00 in the form of a check payable to
petitioner, Lauren Shaw. 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 1:17-vv-00085-UNJ Document 35 Filed 03/09/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LAUREN SHAW, )
)
Petitioner, )
) No. 17-85V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On September 5, 2017, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner was entitled to vaccine compensation for her Shoulder Injury Related to
Vaccine Administration (“SIRVA”). Based on the evidence of record, respondent proffers that
petitioner should be awarded $90,000.00. This amount represents all elements of compensation
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
lump sum payment of $90,000.00 in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to
move the Court for appropriate relief. In particular, respondent would oppose any award for
future medical expenses, future pain and suffering, and future lost wages.
1

Case 1:17-vv-00085-UNJ Document 35 Filed 03/09/18 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Amy P. Kokot
AMY P. KOKOT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-4118
Dated: November 15, 2017
2