VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00521
Package ID: USCOURTS-cofc-1_17-vv-00521
Petitioner: Erica Linegar
Filed: 2017-04-13
Decided: 2018-08-22
Vaccine: influenza
Vaccination date: 2015-12-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 96500

AI-assisted case summary:
Erica Linegar filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered injuries to her left shoulder as a result of an influenza vaccine she received on December 11, 2015. The case was assigned to the Special Processing Unit of the Office of Special Masters. Respondent conceded that petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA), which is a Table injury. Respondent also agreed that no other causes for petitioner's SIRVA were identified and that she met the statutory requirements by suffering the condition for more than six months. Based on respondent's concession and the evidence of record, the Chief Special Master found that petitioner was entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation, agreeing that petitioner should be awarded $96,500.00. This amount represents compensation for all elements of damages available under the Vaccine Act. The Chief Special Master awarded petitioner a lump sum payment of $96,500.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00521-0
Date issued/filed: 2018-04-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/10/2018) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00521-UNJ Document 22 Filed 04/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0521V
Filed: January 10, 2018
UNPUBLISHED
ERICA LINEGAR,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 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 injuries to her left shoulder as a result of an
influenza (“flu”) vaccine she received on December 11, 2015. Petition at 1, 4. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On January 10, 2018, 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 states that “petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (‘SIRVA’), a Table injury, following the
administration of the flu vaccine she received on December 11, 2015.” Id. at 5.
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-00521-UNJ Document 22 Filed 04/19/18 Page 2 of 2
Respondent further agrees that no other causes for petitioner’s SIRVA were identified,
and she met the statutory requirements by suffering the condition for more than six
months. 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-00521-1
Date issued/filed: 2018-08-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 04/24/2018) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00521-UNJ Document 34 Filed 08/22/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0521V
Filed: April 24, 2018
UNPUBLISHED
ERICA LINEGAR,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 13, 2017, Erica Linegar (“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 injuries to her left
shoulder as a result of an influenza (“flu”) vaccine she received on December 11, 2015.
Petition at 1, 4. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On January 10, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On April 24, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $96,500.00.
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-00521-UNJ Document 34 Filed 08/22/18 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 $96,500.00, in the form of a check payable to
petitioner, Erica Linegar. 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-00521-UNJ Document 34 Filed 08/22/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ERICA LINEGAR, )
)
Petitioner, )
) No. 17-521
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
)
PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On January 10, 2018, Chief Special Master Dorsey issued an Order finding that petitioner
is entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(SIRVA). Based upon the evidence of record, respondent proffers that petitioner should be
awarded $96,500.00, 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
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $96,500.00, in the form of a check payable to petitioner.
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:17-vv-00521-UNJ Document 34 Filed 08/22/18 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
s/ Ilene Albala
ILENE ALBALA
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Ben Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-3655
Dated: April 24, 2018
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.
2