VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00285
Package ID: USCOURTS-cofc-1_17-vv-00285
Petitioner: Angel Dandrea
Filed: 2017-11-03
Decided: 2018-05-04
Vaccine: influenza
Vaccination date: 2015-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 122360

AI-assisted case summary:
Angel Dandrea filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging that she suffered right shoulder injuries as a result of an influenza vaccination she received on October 15, 2015. The case was assigned to the Special Processing Unit. On November 2, 2017, the respondent filed a Rule 4(c) report conceding entitlement. The respondent stated that the Division of Injury Compensation Programs (DICP) had reviewed the petition and medical records and concluded that compensation was appropriate. DICP determined that petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the flu vaccine received on or about October 15, 2015. DICP did not identify any other causes for the SIRVA, and records indicated that petitioner suffered the sequela of her injury for more than six months. Based on these findings, the respondent concluded that petitioner met the statutory requirements for entitlement to compensation, with the scope of damages limited to her right shoulder injury and its related sequela. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 3, 2017, finding petitioner entitled to compensation. Subsequently, on February 16, 2018, the respondent filed a proffer on the award of compensation. The respondent proffered an award of $122,360.92, consisting of $120,000.00 for pain and suffering and $2,360.92 for past out-of-pocket medical expenses. The respondent represented that the petitioner agreed with this proffered award. Chief Special Master Dorsey issued a decision on May 4, 2018, awarding petitioner a lump sum payment of $122,360.92, payable to Angel Dandrea, representing compensation for all damages available under the Vaccine Act. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Traci R. Patton of the U.S. Department of Justice.

Theory of causation field:
Petitioner Angel Dandrea received an influenza vaccine on October 15, 2015, and subsequently developed right shoulder injuries consistent with shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was caused-in-fact by the flu vaccine and that no other causes were identified. The case proceeded as an off-Table claim. The parties stipulated to damages. Chief Special Master Nora Beth Dorsey awarded petitioner $122,360.92, comprising $120,000.00 for pain and suffering and $2,360.92 for past out-of-pocket medical expenses. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP), and respondent was represented by Traci R. Patton (U.S. Department of Justice). The decision on entitlement was issued on November 3, 2017, and the decision awarding damages was issued on May 4, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00285-0
Date issued/filed: 2018-03-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/3/2017) regarding 22 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00285-UNJ Document 34 Filed 03/01/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-285V
Filed: November 3, 2017
UNPUBLISHED
ANGEL DANDREA,
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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On February 28, 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 as a result of her October 15, 2015 influenza
(“flu”) vaccination she suffered right shoulder injuries. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 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 that
DICP [the Division of Injury Compensation Programs, Department of
Health and Human Services] has reviewed the petition and medical
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-00285-UNJ Document 34 Filed 03/01/18 Page 2 of 2
records filed in the case and has concluded that compensation is
appropriate. DICP has concluded that petitioner’s alleged injury is
consistent with a shoulder injury related to vaccine administration
(“SIRVA”), and that it was caused-in-fact by the flu vaccine she received
on or about October 15, 2015. DICP did not identify any other causes for
petitioner’s SIRVA, and records show that she suffered the sequela of her
injury for more than six months. Based on the medical records outlined
above, petitioner has met the statutory requirements for entitlement to
compensation. See 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-
11(c)(1)(D). The scope of damages to be awarded should be limited to
petitioner’s right shoulder injury and its related sequela.
Id. at 3.
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-00285-1
Date issued/filed: 2018-05-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/20/2018) regarding 30 DECISION of Special Master. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00285-UNJ Document 40 Filed 05/04/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-285V
Filed: February 20, 2018
UNPUBLISHED
ANGEL DANDREA,
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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On February 28, 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 as a result of her October 15, 2015 influenza
(“flu”) vaccination she suffered right shoulder injuries. Petition at 1-4. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On November 3, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for shoulder injury related to vaccine administration (“SIRVA”).
On February 16, 2018, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $122,360.92, comprised of $120,000.00 for pain
and suffering and $2,360.92 for past out of pocket medical expenses. Proffer at 1. In
the Proffer, respondent represented that petitioner agrees with the proffered award.
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-00285-UNJ Document 40 Filed 05/04/18 Page 2 of 4
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 $122,360.92, comprised of $120,000.00 for pain
and suffering and $2,360.92 for past out of pocket medical expenses, in the form
of a check payable to petitioner, Angel Dandrea. 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-00285-UNJ Document 40 Filed 05/04/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANGEL DANDREA,
)
)
Petitioner,
) No. 17-285V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$122,360.92, comprised of $120,000.00 for pain and suffering and $2,360.92 for past out of
pocket medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $122,360.92, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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 lost earnings
and future pain and suffering.

Case 1:17-vv-00285-UNJ Document 40 Filed 05/04/18 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/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: February 16, 2018