VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00272
Package ID: USCOURTS-cofc-1_17-vv-00272
Petitioner: Mary M. Hubbell
Filed: 2017-02-27
Decided: 2018-09-26
Vaccine: influenza
Vaccination date: 2015-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 140121

AI-assisted case summary:
Mary M. Hubbell filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 21, 2018, conceding that Ms. Hubbell's alleged injury was consistent with SIRVA and that she met all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 14, 2018, finding Ms. Hubbell entitled to compensation. Subsequently, on June 25, 2018, the parties filed a proffer on the award of damages. On September 26, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer. The parties stipulated to a total award of $140,121.82. This amount included $125,000.00 for actual and projected pain and suffering, $10,736.80 for unreimbursable expenses, and $4,385.02 for lost earnings. The award was to be paid as a lump sum check to Ms. Hubbell, who was a competent adult. Petitioner was represented by Kathy Ann Lee of Cline, Farrell, Christie & Lee, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The case proceeded as a Table claim, and Ms. Hubbell was compensated for her SIRVA.

Theory of causation field:
Mary M. Hubbell filed a petition on February 27, 2017, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 26, 2015. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and that legal prerequisites were met. The case proceeded as a Table claim. No specific medical experts or detailed causation theories beyond the Table injury were described in the public text. The Special Master ruled on entitlement on June 14, 2018, and awarded damages on September 26, 2018. The award totaled $140,121.82, comprising $125,000.00 for pain and suffering, $10,736.80 for unreimbursable expenses, and $4,385.02 for lost earnings, paid as a lump sum to the petitioner. Petitioner counsel was Kathy Ann Lee, and respondent counsel was Jennifer Leigh Reynaud. Chief Special Master Nora Beth Dorsey presided.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00272-0
Date issued/filed: 2018-09-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/14/2018) regarding 41 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00272-UNJ Document 48 Filed 09/20/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-272V
Filed: June 14, 2018
UNPUBLISHED
MARY M. HUBBELL,
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.
Kathy Ann Lee, Cline, Farrell, et al., Indianapolis, IN, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 27, 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 the administration of an influenza (“flu”) vaccine on
October 26, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 21, 2018, 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 determined that petitioner’s alleged injury is consistent with
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-00272-UNJ Document 48 Filed 09/20/18 Page 2 of 2
a SIRVA. Id. at 5. Respondent further agrees 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-00272-1
Date issued/filed: 2018-09-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/26/2018) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00272-UNJ Document 49 Filed 09/26/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-272V
Filed: June 26, 2018
UNPUBLISHED
MARY M. HUBBELL,
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.
Kathy Ann Lee, Cline Farrell Christie & Lee, P.C., Indianapolis, IN, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 27, 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 the administration of an influenza (“flu”) vaccine on
October 26, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On June 14, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On June 25, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $125,000.00 in
compensation for actual and projected pain and suffering, $10,736.80 in compensation
for unreimbursable expenses, and $4,385.02 in compensation for lost earnings. Proffer
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-00272-UNJ Document 49 Filed 09/26/18 Page 2 of 5
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 $140,121.82 (representing $125,000.00 in
compensation for actual and projected pain and suffering, $10,736.80 in
compensation for unreimbursable expenses, and $4,385.02 in compensation for
lost earnings) in the form of a check payable to petitioner, Mary M. Hubbell. 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-00272-UNJ Document 49 Filed 09/26/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MARY M. HUBBELL,
Petitioner, No. 17-272V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On February 27, 2017, Mary M. Hubbell (“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 May 21, 2018. Based on Respondent’s Rule 4(c)
Report the Chief Special Master found petitioner entitled to compensation on May 29, 2017.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $125,000.00 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 $10,736.80. Petitioner agrees.
1

Case 1:17-vv-00272-UNJ Document 49 Filed 09/26/18 Page 4 of 5
C. Lost Earnings
The parties agree that based upon the evidence of record, petitioner has suffered a loss of
earnings. Therefore, respondent proffers that petitioner should be awarded $4,385.02 in lost
earnings as provided under the Vaccine Act, 42 U.S.C. § 300aa-15(a)(3)(A). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $140,121.82, in the form of a check made 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the 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.
2

Case 1:17-vv-00272-UNJ Document 49 Filed 09/26/18 Page 5 of 5
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: June 25, 2018
3