VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00112
Package ID: USCOURTS-cofc-1_17-vv-00112
Petitioner: Jean Lallensack
Filed: 2017-01-25
Decided: 2018-02-16
Vaccine: influenza
Vaccination date: 2014-10-23
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 85662

AI-assisted case summary:
Jean Lallensack filed a petition on January 25, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a right shoulder injury caused-in-fact by her influenza vaccination administered on October 23, 2014. The case was assigned to the Special Processing Unit. On August 7, 2017, the respondent filed a Rule 4(c) report conceding that the evidence established that petitioner's right shoulder injury was caused-in-fact by the administration of the flu vaccine and was not due to unrelated factors. The respondent also agreed that petitioner met the statutory six-month sequela requirement and that the injury was compensable. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 9, 2017, finding Ms. Lallensack entitled to compensation for a shoulder injury related to vaccine administration (SIRVA). Subsequently, on October 31, 2017, the respondent filed a proffer on award of compensation, stating that petitioner should be awarded $85,662.50 and that petitioner agreed with this amount. Chief Special Master Dorsey issued a decision awarding damages on February 16, 2018, granting a lump sum payment of $85,662.50 to Jean Lallensack. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being a SIRVA.

Theory of causation field:
Petitioner Jean Lallensack alleged a right shoulder injury caused-in-fact by her October 23, 2014, influenza vaccination. The respondent conceded that the evidence established that the injury was caused-in-fact by the vaccine administration and was not due to unrelated factors, and that the injury met the six-month sequela requirement. The injury was identified as a Shoulder Injury Related to Vaccine Administration (SIRVA). No specific medical experts were named in the public text, and the mechanism of injury beyond SIRVA was not detailed. The case resulted in a compensated outcome. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on August 9, 2017. A subsequent proffer on award of compensation was filed on October 31, 2017, by respondent, agreeing to an award of $85,662.50, which petitioner accepted. A decision awarding this lump sum payment was issued by Chief Special Master Dorsey on February 16, 2018. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00112-0
Date issued/filed: 2018-02-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/9/2017) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00112-UNJ Document 37 Filed 02/01/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-112V
Filed: August 9, 2017
UNPUBLISHED
JEAN LALLENSACK,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 25, 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 right shoulder injury caused-in-fact
by her October 23, 2014 influenza vaccination. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On August 7, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case for an injury consistent with a
shoulder injury related to vaccine administration (“SIRVA”). Respondent’s Rule 4(c)
Report at 1. Specifically, respondent “has concluded that a preponderance of evidence
establishes that the injury to petitioner’s right shoulder was caused-in-fact by the
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-00112-UNJ Document 37 Filed 02/01/18 Page 2 of 2
administration of her October 23, 2014, flu vaccine, and that petitioner’s injury is not due
to factors unrelated to the administration of the flu vaccine.” Id. at 3. Respondent
further agrees that petitioner has met the statutory six month sequela requirement and
that petitioner’s injury is compensable as a caused-in-fact injury 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-00112-1
Date issued/filed: 2018-02-16
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/31/2017) 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-00112-UNJ Document 38 Filed 02/16/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-112V
Filed: October 31, 2017
UNPUBLISHED
JEAN LALLENSACK,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 25, 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 right shoulder injury caused-in-
fact by her October 23, 2014 influenza 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 SIRVA. On October 31, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $85,662.50. Proffer
at 1. 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.
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-00112-UNJ Document 38 Filed 02/16/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $85,662.50 in the form of a check payable to
petitioner, Jean Lallensack. 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-00112-UNJ Document 38 Filed 02/16/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JEAN LALLENSACK, )
)
Petitioner, )
) No. 17-112V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$85,662.50 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $85,662.50 in the form of a check payable to petitioner.
Petitioner agrees.
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, future lost earnings, and future pain and suffering.

Case 1:17-vv-00112-UNJ Document 38 Filed 02/16/18 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: October 31, 2017
2