VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00342
Package ID: USCOURTS-cofc-1_17-vv-00342
Petitioner: Linda King
Filed: 2017-12-07
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-10-11
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 71061

AI-assisted case summary:
Linda King filed a petition for compensation under the National Vaccine Injury Compensation Program on March 13, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 7, 2017, conceding that Ms. King was entitled to compensation. The respondent agreed that her alleged shoulder injury was consistent with SIRVA and was factually caused by the flu vaccine she received on October 11, 2015. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 7, 2017, finding Ms. King entitled to compensation. Subsequently, on May 24, 2018, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $71,061.38, which included a lump sum payment of $70,000.00 for all damages and an additional $1,061.38 to satisfy a WellCare Medicaid lien. Chief Special Master Dorsey issued a decision awarding damages on September 5, 2018, in accordance with the proffer. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Linda King alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 11, 2015. The respondent conceded entitlement, agreeing the injury was consistent with SIRVA and caused in fact by the vaccine. The theory of causation is considered off-Table. No specific medical experts were named in the public text. The case resulted in a concession of entitlement and an award of $70,000.00 for all damages, plus $1,061.38 to satisfy a WellCare Medicaid lien, for a total award of $71,061.38. The Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on December 7, 2017, and the final Decision Awarding Damages was issued on September 5, 2018. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00342-0
Date issued/filed: 2018-03-16
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/7/2017) regarding 31 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00342-UNJ Document 40 Filed 03/16/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-342V
Filed: December 7, 2017
UNPUBLISHED
LINDA KING,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 13, 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
October 11, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 7, 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 petitioner’s alleged
shoulder injury is consistent with a SIRVA, and that it was caused in fact by the flu
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-00342-UNJ Document 40 Filed 03/16/18 Page 2 of 2
vaccine she received on October 11, 2015. Id. at 5. Respondent further agrees that
petitioner has met the statutory requirements for entitlement to compensation. 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-00342-1
Date issued/filed: 2018-09-05
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/25/2018) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00342-UNJ Document 50 Filed 09/05/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-342V
Filed: May 25, 2018
UNPUBLISHED
LINDA KING,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 13, 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
October 11, 2015. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On December 7, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On May 24, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $70,000.00
and $1,061.38 to satisfy a WellCare Medicaid lien. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Based on the
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-00342-UNJ Document 50 Filed 09/05/18 Page 2 of 5
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
(1) Petitioner a lump sum payment of $70,000.00 in the form of a check payable
to petitioner, Linda King. This amount represents compensation for all
damages that would be available under § 300aa-15(a); and
(2) A lump sum payment of $1,061.38, representing compensation for
satisfaction of the WellCare lien, payable jointly to petitioner3 and to:
Equian, LLC
PO Box 771932
Detroit, MI 48277-1932
File Number 786494-116717
The clerk of the court is directed to enter judgment in accordance with this
decision.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner agrees to endorse this payment to Magnolia Health.
4 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-00342-UNJ Document 50 Filed 09/05/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDA KING,
)
)
Petitioner,
) No. 17-342V
v.
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On December 7, 2017, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. The same day, Chief Special Master Dorsey
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based on the evidence of
record, respondent proffers that petitioner should be awarded $70,000.00. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a), with the exception of the reimbursement of the Medicaid lien, below. Petitioner
agrees.
Respondent further proffers that petitioner, Linda King, should be awarded funds to
satisfy a WellCare Medicaid lien in the amount of $1,061.38, which represents full satisfaction
of any right of subrogation, assignment, claim, lien, or cause of action WellCare may have
against any individual as a result of any Medicaid payments that WellCare has made to or on
behalf of Linda King from the date of her eligibility for benefits through the date of judgment in
1

Case 1:17-vv-00342-UNJ Document 50 Filed 09/05/18 Page 4 of 5
this case as a result of her vaccine-related injury suffered on or about October 11, 2015, under
Title XIX of the Social Security Act. Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through
two lump sum payments as described below:
(1) A lump sum payment of $70,000.00 in the form of a check payable to petitioner.1
(2) A lump sum payment of $1,061.38, representing compensation for satisfaction of
the WellCare lien, payable jointly to petitioner and to:
Equian, LLC
PO Box 771932
Detroit, MI 48277-1932
File Number: 786494-116717
Petitioner agrees to endorse this payment to Equian, LLC.
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2

Case 1:17-vv-00342-UNJ Document 50 Filed 09/05/18 Page 5 of 5
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: May 24, 2018
3