VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00190
Package ID: USCOURTS-cofc-1_17-vv-00190
Petitioner: Amber McAteer
Filed: 2017-02-08
Decided: 2018-04-24
Vaccine: influenza
Vaccination date: 2014-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 104350

AI-assisted case summary:
Amber McAteer filed a petition on February 8, 2017, alleging that she received an influenza vaccine on October 1, 2014, and subsequently suffered 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 September 21, 2017, stating that they did not contest that Ms. McAteer was entitled to compensation. The respondent acknowledged that her alleged injury was consistent with a SIRVA caused by the administration of the flu vaccine, identified no other causes for the condition, and noted that Ms. McAteer's condition persisted for over six months. Based on this, the respondent concluded that Ms. McAteer's left shoulder injury was a "caused-in-fact" injury compensable under the National Vaccine Injury Compensation Program. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on September 21, 2017, finding Ms. McAteer entitled to compensation. Subsequently, on January 11, 2018, the parties filed a stipulation and proffer for damages. The respondent proffered an award of $104,350.44, consisting of $102,500.00 for pain and suffering and $1,850.44 for out-of-pocket expenses. Ms. McAteer agreed with this proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on April 24, 2018, awarding Ms. McAteer a lump sum payment of $104,350.44, payable by check to Amber McAteer, as compensation for all damages available under the Act. Petitioner's counsel was Lawrence R. Cohan of Anapol Weiss, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Amber McAteer alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 1, 2014. The respondent conceded causation-in-fact and did not contest entitlement, acknowledging the injury was consistent with SIRVA and no other causes were identified. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset or symptoms. A Ruling on Entitlement was issued on September 21, 2017, finding petitioner eligible for compensation. Subsequently, a stipulation and proffer on damages was filed on January 11, 2018. The parties agreed to an award of $104,350.44, comprising $102,500.00 for pain and suffering and $1,850.44 for out-of-pocket expenses. Chief Special Master Nora Beth Dorsey issued a decision awarding this lump sum on April 24, 2018. Petitioner was represented by Lawrence R. Cohan, and respondent by Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00190-0
Date issued/filed: 2018-02-08
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/21/2017) regarding 24 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00190-UNJ Document 38 Filed 02/08/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0190V
Filed: September 21, 2017
UNPUBLISHED
AMBER MCATEER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Uncontested;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Christine M. Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 8, 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 the influenza (“flu”) vaccine on
October 1, 2014, and thereafter suffered from a left shoulder injury that was caused-in-
fact by the flu vaccine. Petition at 1. The case was assigned to the Special Processing
Unit (“SPU”) of the Office of Special Masters.
On September 21, 2017, respondent filed his Rule 4(c) Report in which he states
that he does not contest that petitioner is entitled to compensation in this case. Rule
4(c) Report at 1. Specifically, respondent stated that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) caused by
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-00190-UNJ Document 38 Filed 02/08/18 Page 2 of 2
the administration of her October 1, 2014 flu vaccine. Id. at 1, 3. Further, respondent
did not identify any other causes for petitioner’s SIRVA, and records show that petitioner
suffered her condition for more than six months. Id. at 3-4. Therefore, in light of the
information contained in petitioner’s medical records, respondent has concluded that
petitioner’s left shoulder injury is compensable as a “caused-in-fact” injury under the
Act. Id. at 4.
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-00190-1
Date issued/filed: 2018-04-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/11/2018) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00190-UNJ Document 40 Filed 04/24/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-190V
Filed: January 11, 2018
UNPUBLISHED
AMBER MCATEER,
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.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 8, 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 shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination on October 1, 2014.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On September 21, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On January 11, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$104,350.44 ($102,500 for pain and suffering and $1,850.44 for out-of-pocket
expenses). Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-00190-UNJ Document 40 Filed 04/24/18 Page 2 of 4
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 $104,350.44 ($102,500.00 for pain and suffering,
and $1,850.44 for out-of-pocket expenses) in the form of a check payable to
petitioner, Amber McAteer. 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-00190-UNJ Document 40 Filed 04/24/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
AMBER MCATEER, )
)
Petitioner, )
) No. 17-190
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 21, 2017, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered an injury that is compensable under the National Childhood Vaccine Injury
Act of 1986, as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on September 21, 2017,
the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$104,350.44 ($102,500.00 for pain and suffering and $1,850.44 for out-of-pocket expenses)
which represents all elements of compensation to which petitioner would be entitled under 42
U.S.C. § 300aa-15(a).1 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-00190-UNJ Document 40 Filed 04/24/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $104,350.44 in the form of a check payable to petitioner.
Petitioner agrees.
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: January 11, 2018
2