VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00434
Package ID: USCOURTS-cofc-1_17-vv-00434
Petitioner: Lisa A. Lindman
Filed: 2017-12-05
Decided: 2018-04-18
Vaccine: influenza
Vaccination date: 2015-09-29
Condition: right shoulder injuries, including bursitis
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Lisa A. Lindman filed a petition for compensation under the National Vaccine Injury Compensation Program on December 5, 2017, alleging that she suffered right shoulder injuries, including bursitis, resulting from an influenza vaccine she received on September 29, 2015. The respondent conceded that her injury was consistent with a shoulder injury related to vaccine administration (SIRVA) as defined on the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on December 5, 2017, finding her entitled to compensation. Subsequently, on January 4, 2018, the respondent filed a proffer on award of compensation, indicating that Ms. Lindman should be awarded $75,000.00, which she agreed to. The decision awarding damages was issued on April 18, 2018, granting Ms. Lindman a lump sum payment of $75,000.00. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. Chief Special Master Nora Beth Dorsey presided over the case.

Theory of causation field:
Petitioner Lisa A. Lindman received an influenza vaccine on September 29, 2015, and subsequently alleged right shoulder injuries, including bursitis. The respondent conceded that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) as defined on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the conceded diagnosis. Petitioner was represented by Nancy Routh Meyers, and respondent was represented by Claudia Barnes Gangi. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on December 5, 2017, and the decision awarding damages on April 18, 2018. Petitioner was awarded a lump sum of $75,000.00.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00434-0
Date issued/filed: 2018-03-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/5/2017) regarding 17 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00434-UNJ Document 24 Filed 03/20/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-434V
Filed: December 5, 2017
UNPUBLISHED
LISA A. LINDMAN,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On March 27, 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 alleged that she suffered right shoulder injuries, including
bursitis, resulting from the influenza vaccine she received on September 29, 2015.
Petition at 1, ¶ 2. Petitioner further alleged she received the vaccination in the United
States, suffered the residual effects of her injuries for more than six months, and that
neither she nor any other party has filed any action or received compensation for her
injuries, alleged as vaccine caused. Id. at ¶¶ 1-2, 8, 10, 12-13. The case was assigned
to the Special Processing Unit of the Office of Special Masters.
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-00434-UNJ Document 24 Filed 03/20/18 Page 2 of 2
On December 1, 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 injury
is consistent with a shoulder injury related to vaccine administration (“SIRVA”) as
defined on the Vaccine Injury Table.” Id. at 3. Respondent further agrees that
“petitioner has satisfied all legal prerequisites for compensation under the 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-00434-1
Date issued/filed: 2018-04-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 1/4/2018) regarding 20 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00434-UNJ Document 28 Filed 04/18/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0434V
Filed: January 4, 2018
UNPUBLISHED
LISA A. LINDMAN,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On March 27, 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 alleged that she suffered right shoulder injuries, including
bursitis, resulting from the influenza vaccine she received on September 29, 2015.
Petition at 1, ¶ 2. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On December 5, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her shoulder injury related to vaccine administration
(“SIRVA”) as defined on the Vaccine Injury Table. On January 4, 2018, respondent filed
a proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$75,000.00. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
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-00434-UNJ Document 28 Filed 04/18/18 Page 2 of 4
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 the attached Proffer, the undersigned awards
petitioner a lump sum payment of $75,000.00 in the form of a check payable to
petitioner, Lisa A. Lindman. This amount represents compensation for all damages
that would be available under § 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-00434-UNJ Document 28 Filed 04/18/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
_________________________________________
)
LISA A. LINDMAN, )
)
Petitioner, )
) No. 17-434V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
__________________________________________)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$75,000.00, which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment of $75,000.00, 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
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 pain
and suffering.

Case 1:17-vv-00434-UNJ Document 28 Filed 04/18/18 Page 4 of 4
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/ Claudia B. Gangi
CLAUDIA B. GANGI
Senior 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) 616-4138
Dated: January 4, 2018