VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00246
Package ID: USCOURTS-cofc-1_17-vv-00246
Petitioner: Amy Booth
Filed: 2017-02-21
Decided: 2018-02-09
Vaccine: influenza
Vaccination date: 2015-09-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Amy Booth filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 27, 2015 influenza vaccination. The respondent conceded entitlement, finding that petitioner suffered a non-Table injury of SIRVA causally related to the flu vaccination. The medical records indicated no other causes for her SIRVA and that the condition persisted for more than six months. A ruling on entitlement was issued on August 2, 2017, finding Ms. Booth entitled to compensation. Subsequently, on October 27, 2017, the respondent filed a proffer on award of damages. The parties stipulated to an award of $15,000.00 for past and future lost earnings, $125,000.00 for past and future pain and suffering, and $10,000.00 for past and future unreimbursable expenses. The total award was $150,000.00, payable to Amy Booth, who was represented as a competent adult. Judgment was entered on February 9, 2018.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00246-0
Date issued/filed: 2018-01-29
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 8/2/2017) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00246-UNJ Document 30 Filed 01/29/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-246V
Filed: August 2, 2017
UNPUBLISHED
AMY BOOTH,
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.
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
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 she suffered a shoulder injury related to vaccine
administration as a result of her September 27, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On August 2, 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 indicates as follows:
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-00246-UNJ Document 30 Filed 01/29/18 Page 2 of 2
Medical personnel at the Division of Injury Compensation Programs,
Department of Health and Human Services (“DICP”), have reviewed the
petition and medical records filed in this case. Based on its review, DICP
concluded that petitioner suffered a non-Table injury1 of SIRVA and that
the preponderance of the medical evidence indicates that the injury was
causally related to the flu vaccination she received on September 27,
2015. DICP did not identify any other causes for petitioner’s SIRVA, and
based on the medical records outlined above, petitioner met the statutory
requirements by suffering the condition for more than six months. See 42
U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(i). Therefore,
based on the record asit now stands, compensation is appropriate, as
petitioner has satisfied all legal prerequisites for compensation under the
Act.
Id. at 4-5.
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-00246-1
Date issued/filed: 2018-02-09
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/27/2017) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00246-UNJ Document 33 Filed 02/09/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-246V
Filed: October 27, 2017
UNPUBLISHED
AMY BOOTH,
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.
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for
petitioner.
Voris Edward Johnson, 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 she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her September 27, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On August 2, 2017, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On October 27, 2017, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded compensation
representing $15,000.00 representing petitioner’s past and future lost earnings,
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-00246-UNJ Document 33 Filed 02/09/18 Page 2 of 5
$125,000.00 representing petitioner’s past and future pain and suffering, and
$10,000.00 representing past and future unreimbursable expenses. Proffer at 1. In
the Proffer, respondent represents that petitioner agrees with the proffered award and
that petitioner represents that there are no outstanding Medicaid liens related to her
vaccine-related injury.
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 $150,000.00 which represents compensation
for past and future lost earnings ($15,000.00), past and future pain and suffering
($125,000.00), and past and future expenses ($10,000.00) in the form of a check
payable to petitioner, Amy Booth. 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-00246-UNJ Document 33 Filed 02/09/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
__________________________________________
)
AMY BOOTH, )
)
Petitioner, )
) No. 17-246V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
RESPONDENT’S PROFFER ON AWARD OF DAMAGES
On August 2, 2017, respondent, the Secretary of Health and Human Services, filed his
Rule 4(c) Report conceding entitlement to compensation in this matter, and on the same day the
Court entered its Ruling on Entitlement, finding petitioner Amy Booth entitled to Vaccine Act
compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent
now proffers that petitioner receive a compensation award consisting of the following:
A. Lost Earnings
Based on evidence provided by petitioner, respondent proffers that the appropriate award
for petitioner’s past and future lost earnings is $15,000.00, which accounts for all appropriate
taxes and offsets. Petitioner agrees.
B. Pain and Suffering
Based on evidence of record, respondent proffers that the appropriate award for
petitioner’s past and future pain and suffering is $125,000.00. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.

Case 1:17-vv-00246-UNJ Document 33 Filed 02/09/18 Page 4 of 5
C. Past and Future Unreimbursable Expenses
Based on evidence provided by petitioner, respondent proffers that petitioner should be
awarded compensation for past and future unreimbursable expenses in the amount of $10,000.00.
Petitioner agrees.
D. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens related to her vaccine-
related injury.
Based on the foregoing, respondent now proffers that petitioner receive an award of a
lump sum of $150,000.00 in the form of a check payable to petitioner, Amy Booth.1 This
amount represents compensation for all elements of compensation under 42 U.S.C. § 300aa-
15(a) to which petitioner is entitled.2
Petitioner agrees with the proffered award of $150,000.00.3
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
1 Petitioner is a competent adult. No guardianship is required.
2 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.
3 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).
2

Case 1:17-vv-00246-UNJ Document 33 Filed 02/09/18 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Voris E. Johnson, Jr.
VORIS E. JOHNSON, JR.
Senior 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) 616-4136
Dated: October 27, 2017
3