VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00396
Package ID: USCOURTS-cofc-1_17-vv-00396
Petitioner: Jeanne Weber
Filed: 2017-03-23
Decided: 2018-05-14
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50104

AI-assisted case summary:
Jeanne Weber filed a petition for compensation under the National Vaccine Injury Compensation Program on March 23, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2015. The respondent conceded that her medical course was consistent with SIRVA, that she had no prior history of left shoulder issues, that her pain occurred within 48 hours of the vaccination, was limited to the injection site, and that no other condition explained the pain. The respondent also agreed that she suffered residual effects for more than six months and met all legal prerequisites for compensation. A ruling on entitlement was issued on November 20, 2017, finding her entitled to compensation. Subsequently, on February 1, 2018, the respondent proffered an award of $50,104.20, which the petitioner accepted. This amount represents compensation for all elements of damages available under the Vaccine Act. The decision awarding damages was issued on May 14, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00396-0
Date issued/filed: 2018-03-09
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2017) regarding 23 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00396-UNJ Document 34 Filed 03/09/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-396V
Filed: November 20, 2017
UNPUBLISHED
JEANNE WEBER,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 23, 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 her receipt of her October 2, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 20, 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 “believes that petitioner’s medical course is
consistent with a shoulder injury related to vaccine administration (“SIRVA”) as defined
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-00396-UNJ Document 34 Filed 03/09/18 Page 2 of 2
on the Vaccine Injury Table.” Id. at 7. Respondent further states that “petitioner had no
recent history of pain, inflammation, or dysfunction of her left shoulder, pain occurred
within 48 hours after receipt of an intramuscular vaccination, pain was limited to the
shoulder where the vaccine was administered, and no other condition or abnormality,
such as brachial neuritis, has been identified to explain petitioner’s shoulder pain.” Id.
at 8. Respondent further agrees that petitioner suffered residual effects of her condition
for more than six months and that petitioner has satisfied all legal prerequisites to
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-00396-1
Date issued/filed: 2018-05-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 2/1/2018) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00396-UNJ Document 35 Filed 05/14/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-396V
Filed: February 1, 2018
UNPUBLISHED
JEANNE WEBER,
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.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 23, 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 her receipt of her October 2, 2015 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On November 20, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On February 1, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $50,104.20.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with 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-00396-UNJ Document 35 Filed 05/14/18 Page 2 of 4
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 $50,104.20 in the form of a check payable to
petitioner, Jeanne Weber. 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-00396-UNJ Document 35 Filed 05/14/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JEANNE WEBER, )
)
Petitioner, ) No. 17-396V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 20, 2017, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to damages in this case. Respondent now proffers that
petitioner receive an award of a lump sum of $50,104.20 in the form of a check payable
to petitioner. This amount represents compensation for all elements of compensation
under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1 This proffer does not
address final attorneys’ fees and litigation costs. Petitioner is additionally entitled to
reasonable attorneys’ fees and litigation costs, to be determined at a later date upon
petitioner submitting substantiating documentation.
Petitioner agrees with the proffered award of $50,104.20 as representing all
elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
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.

Case 1:17-vv-00396-UNJ Document 35 Filed 05/14/18 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/Camille M. Collett
CAMILLE M. COLLETT
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
(202) 616-4098
February 1, 2018