VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00416
Package ID: USCOURTS-cofc-1_17-vv-00416
Petitioner: B.L.
Filed: 2017-10-17
Decided: 2018-06-11
Vaccine: influenza
Vaccination date: 2015-11-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
On March 23, 2017, petitioner B.L. filed a petition for compensation under the National Vaccine Injury Compensation Program. B.L. alleged suffering a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on November 19, 2015. The case was assigned to the Special Processing Unit. On October 13, 2017, the respondent filed a Rule 4(c) report conceding that B.L.'s medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table. The respondent further agreed that B.L. experienced residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 17, 2017, finding B.L. entitled to compensation. Subsequently, on March 23, 2018, the respondent filed a proffer on award of compensation, indicating that B.L. should be awarded $45,000.00 and that B.L. agreed with this proffered award. Chief Special Master Dorsey issued a decision on June 11, 2018, awarding B.L. a lump sum payment of $45,000.00, payable by check, representing compensation for all available damages. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The decision was reissued in redacted form with B.L.'s name reduced to initials.

Theory of causation field:
Petitioner B.L. alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 19, 2015. The respondent conceded that petitioner's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table (42 C.F.R. § 100.3(c)(10)). The respondent also agreed that petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. The Special Master found petitioner entitled to compensation based on the respondent's concession. A subsequent proffer indicated an award of $45,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey awarded a lump sum of $45,000.00 on June 11, 2018. Petitioner was represented by Ronald Craig Homer, and respondent by Adriana Ruth Teitel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00416-0
Date issued/filed: 2017-11-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/17/2017) regarding 18 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (dh1) Copy to parties. (Main Document 23 replaced on 11/17/2017) (fl).
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Case 1:17-vv-00416-UNJ Document 23 Filed 11/17/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-416V
Originally Filed: October 17, 2017
Refiled in Redacted Form: November 17, 2017
UNPUBLISHED
B.L.,
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.
Adriana Ruth Teitel, 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 November 19, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 13, 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
1 When this decision was originally filed the undersigned advised her intent 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 filed a timely motion to redact certain information. This decision is
being reissued with petitioner’s name redacted to initials. Except for those changes and this footnote, no
other substantive changes have been made. This decision will be posted on the court’s website with no
further opportunity to move for redaction
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-00416-UNJ Document 23 Filed 11/17/17 Page 2 of 2
with a shoulder injury related to vaccine administration (“SIRVA”) as defined on the
Vaccine Injury Table.” Id. at 5; see also 42 C.F.R. § 100.3(c)(10). 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-00416-2
Date issued/filed: 2018-06-11
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 3/27/2018) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00416-UNJ Document 38 Filed 06/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-416V
Filed: March 27, 2018
UNPUBLISHED
B.L.,
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.
Adriana Ruth Teitel, 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 November 19, 2015 influenza (“flu”) vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 17, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On March 23, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $45,000.00.
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-00416-UNJ Document 38 Filed 06/11/18 Page 2 of 2
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 Proffer, the undersigned awards petitioner
a lump sum payment of $45,000.00 in the form of a check payable to petitioner,
B.L.3 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Petitioner’s name is reduced to initials consistent with the undersigned’s order upon petitioner’s prior
motion for redaction instructing the clerk to so amend the caption. The parties confirmed that they have
no objection.
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