VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00117
Package ID: USCOURTS-cofc-1_17-vv-00117
Petitioner: Harriet Paul
Filed: 2017-08-31
Decided: 2018-05-31
Vaccine: influenza
Vaccination date: 2015-11-20
Condition: left shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 75595

AI-assisted case summary:
Harriet Paul filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2017, alleging that she received an influenza vaccine on November 20, 2015, and subsequently suffered from a left shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 28, 2017, conceding that the evidence established the injury to petitioner's left shoulder was caused-in-fact by the flu vaccine and that petitioner met all legal prerequisites for compensation. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 31, 2017, finding Harriet Paul entitled to compensation. Subsequently, on November 7, 2017, the respondent filed a proffer on award of compensation, recommending $75,595.05, which petitioner agreed to. On May 31, 2018, Chief Special Master Dorsey awarded Harriet Paul a lump sum payment of $75,595.05, representing compensation for all available damages. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Harriet Paul alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 20, 2015. The respondent conceded that the evidence established the injury was caused-in-fact by the vaccine and that petitioner met all legal prerequisites for compensation. The case proceeded on a concession of causation-in-fact, without specific discussion of an "off-Table" theory or named experts in the provided public text. The Special Master found petitioner entitled to compensation on August 31, 2017. A subsequent proffer on award of compensation, agreed to by petitioner, was filed by the respondent on November 7, 2017, recommending $75,595.05. Chief Special Master Nora Beth Dorsey awarded Harriet Paul a lump sum of $75,595.05 on May 31, 2018. Petitioner's counsel was Joseph Alexander Vuckovich, and respondent's counsel was Daniel Anthony Principato.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00117-0
Date issued/filed: 2018-05-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/31/2017) regarding 18 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00117-UNJ Document 32 Filed 05/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-117V
Filed: August 31, 2017
UNPUBLISHED
HARRIET PAUL,
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.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 26, 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 received an influenza (“flu”) vaccine on
November 20, 2015, and thereafter suffered from a left shoulder injury related to
vaccine administration (“SIRVA”) which was caused-in-fact by the flu vaccine. Petition
at 1-3. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
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-00117-UNJ Document 32 Filed 05/24/18 Page 2 of 2
On August 28, 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 has concluded that a preponderance of evidence
establishes that the injury to petitioner’s right shoulder was caused-in-fact by the
administration of the flu vaccine on November 20, 2015. 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-00117-1
Date issued/filed: 2018-05-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/08/2017) regarding 28 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00117-UNJ Document 33 Filed 05/31/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-117V
Filed: November 8, 2017
UNPUBLISHED
HARRIET PAUL,
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.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 26, 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 from a shoulder injury related to
vaccine administration (“SIRVA”) following an influenza (“flu”) vaccination on November
20, 2015. Petition at 1-3. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 31, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On November 7, 2017, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $75,595.05.
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-00117-UNJ Document 33 Filed 05/31/18 Page 2 of 4
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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,595.05 in the form of a check payable to
petitioner, Harriet Paul. 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-00117-UNJ Document 33 Filed 05/31/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
HARRIET PAUL, )
)
Petitioner, ) No. 17-117V
) Chief Special Master Dorsey
v. ) ECF
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, Respondent proffers that Petitioner should be
awarded $75,595.05, which 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 should be
made through a lump sum payment of $75,595.05 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 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 pain and suffering, and future lost wages.

Case 1:17-vv-00117-UNJ Document 33 Filed 05/31/18 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
/s/ Daniel A. Principato
DANIEL A. PRINCIPATO
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3662
Fax: (202) 353-2988
Dated: November 7, 2017
2