VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00334
Package ID: USCOURTS-cofc-1_17-vv-00334
Petitioner: Leanna Gerritsen-Smith
Filed: 2017-11-30
Decided: 2018-05-21
Vaccine: influenza
Vaccination date: 2015-11-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 36518

AI-assisted case summary:
Leanna Gerritsen-Smith filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 20, 2015. The respondent, the Secretary of Health and Human Services, conceded that petitioner was entitled to compensation. The respondent concluded that petitioner's alleged injury was consistent with a SIRVA and was caused-in-fact by the flu vaccine. The respondent also agreed that petitioner had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on November 30, 2017, finding petitioner entitled to compensation. Subsequently, on May 21, 2018, a decision awarding damages was issued. The respondent had filed a proffer on award of compensation indicating petitioner should be awarded $36,518.50, and petitioner agreed with this proffered award. The court awarded Leanna Gerritsen-Smith a lump sum payment of $36,518.50, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
Off-Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00334-0
Date issued/filed: 2018-05-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/30/2017) regarding 25 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00334-UNJ Document 34 Filed 05/17/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-334V
Filed: November 30, 2017
UNPUBLISHED
LEANNA GERRITSEN-SMITH,
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 Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 10, 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 an influenza (“flu”) vaccine administered on
November 20, 2015. Petition at ¶¶ 2, 12. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On October 27, 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 has concluded that petitioenr’s alleged injury is consistent
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-00334-UNJ Document 34 Filed 05/17/18 Page 2 of 2
with a SIRVA, and that it was caused-in-fact by the flu vaccine she received on
November 20, 2015 Id. at 4. 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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00334-1
Date issued/filed: 2018-05-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/30/2017) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00334-UNJ Document 35 Filed 05/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-334V
Filed: November 30, 2017
UNPUBLISHED
LEANNA GERRITSEN-SMITH,
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 Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 10, 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 an influenza (“flu”) vaccination administered on
November 20, 2015. Petition at ¶¶ 2, 12. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 30, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On October 27, 2017, respondent filed a proffer
on award of compensation indicating petitioner should be awarded $36,518.50.
Respondent’s Rule 4(c) Report and Proffer on Damages at 4. In the proffer, respondent
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-00334-UNJ Document 35 Filed 05/21/18 Page 2 of 2
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 Respondent’s Rule 4(c) Report and Proffer on
Damages, the undersigned awards petitioner a lump sum payment of $36,518.50
in the form of a check payable to petitioner, Leanna Gerritsen-Smith. 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