VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00625
Package ID: USCOURTS-cofc-1_17-vv-00625
Petitioner: Janine King
Filed: 2017-05-09
Decided: 2019-12-05
Vaccine: influenza
Vaccination date: 2014-10-03
Condition: bursitis
Outcome: compensated
Award amount USD: 142725

AI-assisted case summary:
Janine King filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder and arm injury as a result of an influenza vaccination administered on October 3, 2014. The respondent conceded that petitioner was entitled to compensation, finding that while her injury was not a Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Table, her bursitis was caused-in-fact by the flu vaccine. The respondent also agreed that no other cause for her injury was identified, that she suffered residual effects for more than six months, and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on October 23, 2018, finding her eligible for compensation. Subsequently, on December 5, 2019, a decision awarding damages was issued. The respondent proffered an award of $142,725.79, which included $135,000.00 for pain and suffering, $3,454.57 for past lost wages, and $4,271.22 for past unreimbursed expenses. Petitioner agreed with this award, and the Chief Special Master awarded the lump sum payment.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00625-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/23/2018) regarding 52 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00625-UNJ Document 56 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-625V
Filed: October 23, 2018
UNPUBLISHED
JANINE KING,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Bursitis
HUMAN SERVICES,
Respondent.
Braden Andrew Blumenstiel, Blumenstiel Falvo, LLC, Dublin, OH, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 9, 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 left shoulder and arm injury as a result of an
influenza (“flu”) vaccination administered on October 3, 2014. Petition at 2. The case
was assigned to the Special Processing Unit of the Office of Special Masters.
On October 22, 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
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling will be available to anyone with access to the internet. 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. Because this unpublished ruling contains a reasoned explanation for the action in this
case, undersigned is required 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).
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-00625-UNJ Document 56 Filed 12/12/18 Page 2 of 2
at 1. Specifically, respondent “has determined that petitioner’s alleged injury is not
consistent with [a] Shoulder Injury Related to Vaccine Administration (“SIRVA”) because
the medical records do not establish that petitioner’s ‘pain and reduced range of motion
[were] limited to the shoulder in which the intramuscular vaccine was administered,” as
required by the Qualifications and Aides to Interpretation that are appended to the
Vaccine Injury Table. . . Nonetheless, [respondent] has concluded that a preponderance
of the medical evidence establishes that petitioner’s bursitis was caused-in-fact by the
flu vaccine she received on October 3, 2014.” Id. at 8. Respondent further agrees that
no other cause for petitioner’s injury was identified, that she suffered the residual effects
of her condition for more than six months, and that petitioner has satisfied all legal
prerequisites for 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-00625-1
Date issued/filed: 2019-12-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/07/2019) regarding 74 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:17-vv-00625-UNJ Document 78 Filed 12/05/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0625V
Filed: October 7, 2019
UNPUBLISHED
JANINE KING,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Braden Blumenstiel, Blumenstiel Falvo, LLC, Dublin, OH, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Corcoran, Chief Special Master:
On May 9, 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”) as the result of an influenza (“flu”) vaccine. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On October 23, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her injury. On October 7, 2019, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$142,725.79. This amount includes damages for pain and suffering ($135,000.00), past
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00625-UNJ Document 78 Filed 12/05/19 Page 2 of 4
lost wages ($3,454.57), and past unreimbursed expenses ($4,271.22) and represents
all elements of compensation to which petitioner is entitled. Proffer at 1. In the Proffer,
respondent represented that petitioner agrees with the proffered award. Id. 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 $142,725.79 in the form of a check payable to
petitioner, Janine King. 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/Brian H. Corcoran
Brian H. Corcoran
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-00625-UNJ Document 78 Filed 12/05/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANINE KING,
Petitioner,
No. 17-625V
v. Special Master Dorsey (SPU)
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RRESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Compensation for Vaccine Injury-Related Items
On October 22, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her bursitis that was caused-in-fact by the flu vaccine she
received on October 3, 2014. A Ruling on Entitlement, adopting respondent’s recommendation,
was issued the next day, on October 23, 2018.
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$142,725.79. This is comprised of pain and suffering ($135,000.00), past lost wages
($3,454.57), and past unreimbursed expenses ($4,271.22), and represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
1 Should Petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief.
1

Case 1:17-vv-00625-UNJ Document 78 Filed 12/05/19 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $142,725.76 in the form of a check payable to petitioner.2
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
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/ Adriana Teitel
ADRIANA TEITEL
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-3677
Dated: October 7, 2019
2 Petitioner is a competent adult, therefore evidence of guardianship is not required in this case.
2