VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00244
Package ID: USCOURTS-cofc-1_17-vv-00244
Petitioner: Laura Roetgerman
Filed: 2017-02-21
Decided: 2018-06-13
Vaccine: influenza
Vaccination date: 2015-12-17
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 73580

AI-assisted case summary:
Laura Roetgerman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on December 17, 2015, and subsequently suffered left shoulder injuries. The respondent conceded that her injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that no other cause was identified. The respondent also agreed that Ms. Roetgerman met the statutory requirements for compensation, having suffered residual effects for more than six months. A ruling on entitlement was issued on November 14, 2017, finding her entitled to compensation. Subsequently, on March 30, 2018, the respondent filed a proffer on award of damages, which the petitioner agreed to. The court awarded Ms. Roetgerman a total of $73,580.68, comprising $72,500.00 for pain and suffering and $1,080.68 for past unreimbursable expenses. This award was made as a lump sum payment. The decision was finalized on June 13, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00244-0
Date issued/filed: 2018-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00244-UNJ Document 26 Filed 03/09/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0244V
Filed: November 14, 2017
UNPUBLISHED
LAURA ROETGERMAN,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 21, 2017, Laura Roetgerman (“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 that she received an
influenza (“flu”) vaccine on December 17, 2015, and subsequently suffered “left
shoulder injuries” as a result of the flu vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 14, 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 states that “petitioner’s alleged injury is
consistent with shoulder injury related to vaccine administration (‘SIRVA)’” and that “no
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-00244-UNJ Document 26 Filed 03/09/18 Page 2 of 2
other cause for petitioner’s condition has been identified.” Id. at 3. Respondent further
agrees that petitioner has met the statutory requirements by suffering the residual
effects of her condition for more than six months and therefore has satisfied all legal
prerequisites for compensation under the Act. Id. at 3-4.
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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00244-1
Date issued/filed: 2018-06-13
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/30/2018) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00244-UNJ Document 35 Filed 06/13/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-244V
Filed: March 30, 2018
UNPUBLISHED
LAURA ROETGERMAN,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 21, 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 that she received an influenza (“flu”) vaccine on
December 17, 2015, and subsequently suffered “left shoulder injuries” as a result of the
flu vaccination. Petition at 1.The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On November 14, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On March 30, 2018, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $73,580.68 representing
compensation for pain and suffering ($72,500.00), and past unreimbursable expenses
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-00244-UNJ Document 35 Filed 06/13/18 Page 2 of 4
($1,080.68). Proffer at 1-2. 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 $73,580.68 representing compensation for pain
and suffering ($72,500.00), and past unreimbursable expenses ($1,080.68), in the
form of a check payable to petitioner, Laura Roetgerman. 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-00244-UNJ Document 35 Filed 06/13/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LAURA ROETGERMAN,
Petitioner, No. 17-244V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On February 21, 2017, Laura Roetgerman (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on November 14, 2017. Based on Respondent’s Rule
4(c) Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $72,500.00 in actual and projected
pain and suffering. This amount reflects that any award for projected pain and suffering has
been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her vaccine-related injury. Respondent proffers that petitioner should be
awarded past unreimbursable expenses in the amount of $1,080.68. Petitioner agrees.
1

Case 1:17-vv-00244-UNJ Document 35 Filed 06/13/18 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $73,580.68 representing compensation for pain and suffering
($72,500.00), and past unreimbursable expenses ($1,080.68), in the form of a check payable to
petitioner.1 This lump sum payment represents all elements of compensation to which petitioner
would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: March 30, 2018
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