VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00234
Package ID: USCOURTS-cofc-1_17-vv-00234
Petitioner: Marie Francis
Filed: 2017-02-17
Decided: 2018-04-11
Vaccine: DTaP
Vaccination date: 2015-09-21
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 91202

AI-assisted case summary:
Marie Francis filed a petition for compensation under the National Vaccine Injury Compensation Program on February 17, 2017, alleging that she suffered left shoulder injuries resulting from a Diphtheria, Tetanus, and Pertussis (DTaP) vaccination received on September 21, 2015. The case was assigned to the Special Processing Unit. On August 14, 2017, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that petitioner was entitled to compensation. The respondent concluded that the injury was causally related to the vaccination and that no other causes were identified. The respondent also agreed that petitioner met the statutory requirements for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 18, 2017, finding petitioner entitled to compensation. Subsequently, the parties addressed damages. On January 25, 2018, the respondent filed a proffer on award of compensation, proposing a lump sum payment of $91,202.54, which the petitioner agreed to. In a decision dated April 11, 2018, Chief Special Master Dorsey awarded Marie Francis a lump sum payment of $91,202.54, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid in the form of a check payable to Marie Francis. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Douglas Ross of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marie Francis alleged left shoulder injuries resulting from a DTaP vaccination on September 21, 2015. The respondent conceded that the injury was consistent with SIRVA and causally related to the vaccination, with no other causes identified. The case proceeded as a Table claim. Petitioner was represented by Amy A. Senerth, and respondent by Douglas Ross. Chief Special Master Nora Beth Dorsey ruled on entitlement on August 18, 2017, finding petitioner entitled to compensation. On April 11, 2018, Chief Special Master Dorsey awarded petitioner a lump sum of $91,202.54, representing all damages under § 300aa-15(a), based on a proffer agreed to by both parties.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00234-0
Date issued/filed: 2018-01-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/18/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00234-UNJ Document 44 Filed 01/30/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-234V
Filed: August 18, 2017
UNPUBLISHED
MARIE FRANCIS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Diphtheria,
Tetanus, and Pertussis (DTaP)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 17, 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 left shoulder injuries resulting from a
Diphtheria, Tetanus, and Pertussis (“DTaP”) vaccination received on September 21,
2015. Pet. at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 14, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner’s alleged injury is consistent with a shoulder injury related to vaccine
administration (“SIRVA”) and that petitioner is entitled to compensation in this case.
Resp.’s R. 4(c) Rept. at 1. Specifically, respondent “concluded that petitioner suffered a
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-00234-UNJ Document 44 Filed 01/30/18 Page 2 of 2
left-side shoulder injury and that the preponderance of the medical evidence indicated
that the injury was causally related to the flu vaccination she received on September 21,
2015. Id. at 12. Respondent further agrees that no other causes for petitioner’s injury
were identified, that petitioner met the statutory requirements by suffering the condition
for more than six months, and that petitioner has therefore 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-00234-1
Date issued/filed: 2018-04-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/26/2018) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00234-UNJ Document 47 Filed 04/11/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-234V
Filed: January 26, 2018
UNPUBLISHED
MARIE FRANCIS,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Tetanus Diphtheria acellular
v.
Pertussis (Tdap) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 17, 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 left shoulder injuries resulting from a
Diphtheria, Tetanus, and Pertussis (“DTaP”) vaccination received on September 21,
2015.. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 18, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a shoulder injury related to vaccine administration (“SIRVA”). On
January 25, 2018, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $91,202.54. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-00234-UNJ Document 47 Filed 04/11/18 Page 2 of 4
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 $91,202.54 in the form of a check payable to
petitioner, Marie Francis. 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-00234-UNJ Document 47 Filed 04/11/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
MARIE FRANCIS, )
)
Petitioner, )
) No. 17-234V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
In her August 18, 2017 decision, the Chief Special Master found that a preponderance of the
medical evidence indicates that petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”), which was causally related to the flu vaccination she received on
September 21, 2015. The parties have now addressed the amount of compensation to be
awarded in this case.
I. Compensation
Based upon the evidence of record, respondent proffers that a lump sum of $91,202.54
should be awarded petitioner. This lump sum amount 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
Petitioner is a competent adult. Accordingly, the parties recommend that the
compensation provided should be made in the form of a check for $ 91,202.54 payable to
petitioner.
1 Should petitioner die prior to entry of judgment, respondent would oppose any award for future
medical expenses, future lost earnings, and future pain and suffering, and the parties reserve the
right to move the Court for appropriate relief.

Case 1:17-vv-00234-UNJ Document 47 Filed 04/11/18 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/ Douglas Ross
DOUGLAS ROSS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3667
Dated: January 25, 2018
2