VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00292
Package ID: USCOURTS-cofc-1_17-vv-00292
Petitioner: Carol Bedewi
Filed: 2017-10-27
Decided: 2018-03-12
Vaccine: influenza
Vaccination date: 2016-01-05
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 95275

AI-assisted case summary:
Carol Bedewi filed a petition for compensation under the National Vaccine Injury Compensation Program on October 27, 2017, alleging that she suffered from left shoulder injuries as a result of receiving an influenza vaccine on January 5, 2016. The case was assigned to the Special Processing Unit. Respondent filed a Rule 4(c) report conceding that the evidence established that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the flu vaccine. Respondent also agreed that the case was timely filed, the vaccine was on the Vaccine Injury Table, the vaccine was received in the United States, and the petitioner met the six-month duration requirement. A ruling on entitlement was issued on October 27, 2017, finding petitioner entitled to compensation. Subsequently, on March 9, 2018, respondent filed a proffer on award of compensation, indicating petitioner should be awarded $95,275.00, which petitioner agreed to. The Chief Special Master issued a decision awarding petitioner a lump sum payment of $95,275.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00292-0
Date issued/filed: 2018-02-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/27/2017) 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-00292-UNJ Document 29 Filed 02/09/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-292V
Filed: October 27, 2017
UNPUBLISHED
CAROL BEDEWI,
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.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 3, 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 from left shoulder injuries as a result of
receiving an influenza (“flu”) vaccine on January 5, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 26, 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 the Division of Injury Compensation Programs,
Department of Health and Human Services “has concluded that a preponderance of the
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-00292-UNJ Document 29 Filed 02/09/18 Page 2 of 2
evidence establishes that petitioner’s 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 January 5, 2016.” Id. at 4. Respondent further agrees that “the records
show that the case was timely filed, that petitioner received a vaccine set forth in the
Vaccine Injury Table . . . the vaccine was received in the United States . . . [and]
petitioner [has] met the statutory requirements by suffering the condition for more than
six months.” 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-00292-1
Date issued/filed: 2018-05-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 3/12/2018) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00292-UNJ Document 40 Filed 05/17/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-292V
Filed: March 12, 2018
UNPUBLISHED
CAROL BEDEWI,
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.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 3, 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 from left shoulder injuries as a result of
receiving an influenza (“flu”) vaccine on January 5, 2016. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On October 27, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injury. On March 9, 2018, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$95,275.00. Proffer at 1. 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.
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-00292-UNJ Document 40 Filed 05/17/18 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $95,275.00 in the form of a check payable to
petitioner, Carol Bedewi. 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-00292-UNJ Document 40 Filed 05/17/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CAROL BEDEWI, )
)
Petitioner, )
)
v. ) No. 17-292V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 3, 2017, petitioner, Carol Bedewi, filed a petition for compensation under the
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging
that she developed a left shoulder injury as a result of receiving an influenza vaccination on
January 5, 2016. On October 26, 2017, respondent filed her Rule 4(c) Report stating that
petitioner’s left shoulder injury is consistent with a shoulder injury related to vaccine
administration (“SIRVA”) and conceding that her SIRVA is compensable under the Vaccine
Act. Accordingly, on October 27, 2017, Chief Special Master Dorsey issued a Ruling on
Entitlement finding that petitioner is entitled to compensation for her SIRVA.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$95,275.00, which represents all elements of compensation to which petitioner is entitled under
42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
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 lost earnings, and future pain and suffering.

Case 1:17-vv-00292-UNJ Document 40 Filed 05/17/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $95,275.00 in the form of a check payable to petitioner.
Petitioner agrees.
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
s/ Justine Walters__________
JUSTINE WALTERS
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) 307-6393
DATE: March 8, 2018
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