VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00605
Package ID: USCOURTS-cofc-1_17-vv-00605
Petitioner: Yvonne Salmon
Filed: 2017-12-06
Decided: 2018-06-28
Vaccine: influenza
Vaccination date: 2014-11-05
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 211308

AI-assisted case summary:
Yvonne Salmon filed a petition for compensation on December 6, 2017, alleging that her November 5, 2014 influenza vaccination caused her to suffer left shoulder injuries, specifically Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded entitlement, agreeing that the claim met the Table criteria for SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain limited to the vaccinated shoulder. The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and the petitioner met the statutory severity requirement. A ruling on entitlement was issued on December 6, 2017, finding Yvonne Salmon entitled to compensation. Subsequently, on April 4, 2018, respondent filed a proffer on award of compensation, proposing $211,308.24, which included past and future lost earnings ($81,308.24) and pain and suffering ($130,000.00). Petitioner agreed with this award. The Chief Special Master issued a decision awarding damages on June 28, 2018, granting the lump sum payment of $211,308.24 to Yvonne Salmon.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00605-0
Date issued/filed: 2018-03-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/6/2017) regarding 27 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00605-UNJ Document 34 Filed 03/27/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-605V
Filed: December 6, 2017
UNPUBLISHED
YVONNE SALMON,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 5, 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 her November 5, 2014 influenza (“flu”) vaccination caused
her to suffer left shoulder injuries. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On December 1, 2017, respondent filed an Amended Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s
Amended Rule 4(c) Report at 1. Specifically, respondent indicates that
DICP has reviewed the facts of this case and concluded that petitioner’s
claim meets the Table criteria for SIRVA. Specifically, petitioner had no
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-00605-UNJ Document 34 Filed 03/27/18 Page 2 of 2
history of pain, inflammation or dysfunction of the affected shoulder prior
to intramuscular vaccine administration that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies
occurring after vaccine injection; she suffered the onset of pain within
forty-eight hours of vaccine administration; her pain and reduced range of
motion were limited to the shoulder in which the intramuscular vaccine
was administered; and there is no other condition or abnormality present
that would explain petitioner’s symptoms. Therefore, petitioner is entitled
to a presumption of vaccine causation.
Id. at 2. Respondent further agrees that
the case was timely filed, that the vaccine was received in the United
States, and that petitioner satisfies the statutory severity requirement by
suffering the residual effects or complications of her injury for more than
six months after vaccine administration. See 42 U.S.C. §§ 300aa-
11(c)(1)(D)(i). Petitioner avers that no civil action or proceedings have
been pursued in connection with the vaccine-related injury. See 42 U.S.C.
§§ 300aa-11(a)(5) and -11(c)(1)(E); Pet. Ex. 10.
Id. at 2-3.
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-00605-1
Date issued/filed: 2018-06-28
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 04/04/2018) regarding 36 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:17-vv-00605-UNJ Document 44 Filed 06/28/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-605V
Filed: April 4, 2018
UNPUBLISHED
YVONNE SALMON,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 5, 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 that her November 5, 2014 influenza (“flu”) vaccination
caused her to suffer left shoulder injuries. Petition at 1. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On December 6, 2017, a ruling on entitlement was issued, finding petitioner
entitled to compensation for Shoulder Injury Related to Vaccine Administration
(“SIRVA”). On April 4, 2018, respondent filed a proffer on award of compensation
(“Proffer”) indicating petitioner should be awarded $211,308.24, consisting of past and
future lost earnings ($81,308.24), and pain and suffering ($130,000.00). Proffer at 1-2.
In the Proffer, respondent represented that petitioner agrees with the proffered award.
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-00605-UNJ Document 44 Filed 06/28/18 Page 2 of 5
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 $211,308.24, consisting of past and future lost
earnings ($81,308.24), and pain and suffering ($130,000.00), in the form of a check
payable to petitioner, Yvonne Salmon. 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-00605-UNJ Document 44 Filed 06/28/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
YVONNE SALMON, )
)
Petitioner, )
) No. 17-605V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 5, 2017, Yvonne Salmon (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a left shoulder injury related to vaccine administration
(“SIRVA”), which was caused by an influenza (“flu”) vaccination administered on November 5,
2014. Respondent filed his Amended Rule 4(c) Report conceding entitlement to compensation
on December 6, 2017.1 The Chief Special Master issued a Ruling on Entitlement on December
6, 2017.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$211,308.24, consisting of past and future lost earnings ($81,308.24), and pain and suffering
($130,000.00), which represents all elements of compensation to which petitioner would be
1 Respondent’s initial Rule 4 (c) Report filed on December 1, 2017, was amended to include an
analysis consistent with the changes to the Vaccine Injury Table effective March 21, 2017.
1

Case 1:17-vv-00605-UNJ Document 44 Filed 06/28/18 Page 4 of 5
entitled under 42 U.S.C. § 300aa-15(a).2 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $211,308.24 in the form of a check payable to petitioner.3
Petitioner agrees.
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
2 Should petitioner die prior to 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.
3 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2

Case 1:17-vv-00605-UNJ Document 44 Filed 06/28/18 Page 5 of 5
/s/ Linda S. Renzi
LINDA S. RENZI
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-4133
DATED: April 4, 2018
3