VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00198
Package ID: USCOURTS-cofc-1_17-vv-00198
Petitioner: Alice Odom
Filed: 2017-07-20
Decided: 2018-02-02
Vaccine: influenza
Vaccination date: 2015-10-03
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 66000

AI-assisted case summary:
Alice Odom filed a petition under the National Vaccine Injury Compensation Program on February 10, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 19, 2017, conceding that Ms. Odom's alleged injury was consistent with SIRVA, that the evidence established it was caused-in-fact by the flu vaccination, and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement was satisfied and that Ms. Odom met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 20, 2017, finding Ms. Odom entitled to compensation. Subsequently, on August 25, 2017, the respondent filed a proffer on award of compensation, proposing an award of $66,000.00. The proffer stated that Ms. Odom agreed with this proffered award, which represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). In a decision dated February 2, 2018, Chief Special Master Dorsey awarded Alice Odom a lump sum payment of $66,000.00, payable by check to Ms. Odom, representing compensation for all damages. Petitioner was represented by Mary Coffey of Coffey & Nichols, LLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Alice Odom alleged a shoulder injury related to vaccine administration (SIRVA) following an October 3, 2015, influenza vaccination. The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccination, and that no other causes were identified. The respondent also conceded the statutory sequela requirement was met and all legal prerequisites for compensation were satisfied. The case proceeded based on the respondent's concession. Chief Special Master Nora Beth Dorsey ruled on entitlement on July 20, 2017, finding Ms. Odom entitled to compensation. A subsequent decision on February 2, 2018, awarded Ms. Odom $66,000.00 as a lump sum payment, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). The specific medical mechanism, onset, symptoms, tests, or treatments were not described in the public decision. The theory of causation was based on the respondent's concession of SIRVA caused by the influenza vaccine, which is an "Off-Table" condition. Petitioner's counsel was Mary Coffey, and respondent's counsel was Ryan Daniel Pyles. Chief Special Master Nora Beth Dorsey presided over the case.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00198-0
Date issued/filed: 2018-01-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/20/2017) regarding 14 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00198-UNJ Document 26 Filed 01/26/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-198V
Filed: July 20, 2017
UNPUBLISHED
ALICE ODOM,
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.
Mary Coffey, Coffey & Nichols, LLC, St. Louis, MO, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 10, 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 her October 3, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 19, 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 petitioner’s alleged injury is consistent with
SIRVA; that a preponderance of evidence establishes that her SIRVA was caused-in-
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-00198-UNJ Document 26 Filed 01/26/18 Page 2 of 2
fact by the flu vaccination she received on October 3, 2015; and that no other causes
for petitioner’s SIRVA were identified.” Id. at 3. Respondent further agrees that the
statutory six month sequela requirement has been satisfied and 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-00198-1
Date issued/filed: 2018-02-02
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 8/28/2017) regarding 18 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00198-UNJ Document 27 Filed 02/02/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-198V
Filed: August 28, 2017
UNPUBLISHED
ALICE ODOM,
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.
Mary Coffey, Coffey & Nichols, LLC, St. Louis, MO, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 10, 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 her October 3, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On July 20, 2017, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On August 25, 2017, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $66,000.00. Proffer at
1. 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-00198-UNJ Document 27 Filed 02/02/18 Page 2 of 4
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 $66,000.00 in the form of a check payable to
petitioner, Alice Odom. 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-00198-UNJ Document 27 Filed 02/02/18 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ALICE ODOM,
Petitioner,
v. No. 17-198V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 19, 2017, respondent filed his Rule 4(c) Report, in which he recommended that
the Court find petitioner entitled to compensation, and on July 20, 2017, the Court entered its
Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now proffers
that petitioner receive an award of a lump sum of $66,000.00 in the form of a check payable to
petitioner. This amount represents compensation for all elements of compensation under 42
U.S.C. § 300aa-15(a) to which petitioner is entitled. 1
Petitioner agrees with the proffered award of $66,000.00. 2
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:17-vv-00198-UNJ Document 27 Filed 02/02/18 Page 4 of 4
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/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: August 25, 2017
2