VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00698
Package ID: USCOURTS-cofc-1_17-vv-00698
Petitioner: Julius Vine
Filed: 2018-01-19
Decided: 2018-09-12
Vaccine: influenza
Vaccination date: 2015-09-30
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Julius Vine filed a petition for vaccine injury compensation on May 25, 2017, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on September 30, 2015. He also alleged, in the alternative, some form of neurological syndrome or physical injury caused by the vaccination. Mr. Vine stated that he received the vaccination in the United States, suffered residual effects for more than six months, and had not received any award or settlement for his alleged vaccine-caused injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 17, 2018, conceding that Mr. Vine was entitled to compensation. The respondent specifically agreed that Mr. Vine suffered a left SIRVA injury as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 19, 2018, finding Mr. Vine entitled to compensation. Subsequently, on June 4, 2018, the parties submitted a joint proffer on the award of compensation. The respondent proffered that Mr. Vine should be awarded $90,000.00 for pain and suffering, representing all elements of compensation available under the Act, and stated that Mr. Vine agreed with this proffered award. Chief Special Master Dorsey accepted this proffer and awarded Mr. Vine a lump sum payment of $90,000.00, payable by check to Julius Vine. This decision was issued on September 12, 2018. Petitioner was represented by Michael Avrim Firestone and Marvin Firestone, MD, JD and Associates, and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.

Theory of causation field:
Petitioner Julius Vine alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury, following an influenza vaccination on September 30, 2015. The respondent conceded entitlement, agreeing that petitioner suffered a left SIRVA injury as defined by the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. Petitioner was represented by Michael Avrim Firestone and Marvin Firestone, MD, JD and Associates, and respondent was represented by Lisa Ann Watts. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 19, 2018, finding petitioner entitled to compensation. A subsequent Proffer on Award of Compensation, filed June 4, 2018, proposed an award of $90,000.00 for pain and suffering, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). This amount was awarded as a lump sum payment on September 12, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00698-0
Date issued/filed: 2018-04-27
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/19/2018) regarding 20 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00698-UNJ Document 29 Filed 04/27/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-698V
Filed: January 19, 2018
UNPUBLISHED
JULIUS VINE,
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.
Michael Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 25, 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, after receiving an influenza vaccination on September 30,
2015, he “suffered the Table Injury known as Shoulder Injury Related to Vaccine
Administration (SIRVA) . . . [or] [i]n the alternative . . . suffered some form of
neurological syndrome or physical injury, either or all of which was caused-in-fact by the
above stated vaccination.” Petition at 1 (internal quotations omitted); accord. id. at ¶¶ 2,
34. Petitioner further alleges that he received the vaccination in the United States, has
suffered the residual effects of his injury for more than six months, and has not received
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-00698-UNJ Document 29 Filed 04/27/18 Page 2 of 2
an award or settlement for his injury alleged to be vaccine caused. Id. at ¶¶ 2, 36-37.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On January 17, 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 “has concluded that petitioner suffered a left SIRVA injury
as defined by the Vaccine Injury Table.” Id. at 5. Respondent further agrees that
“based on the records as it now stands, 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-00698-1
Date issued/filed: 2018-09-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/04/2018) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00698-UNJ Document 36 Filed 09/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0698V
Filed: June 4, 2018
UNPUBLISHED
JULIUS VINE,
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.
Michael Avrim Firestone, Marvin Firestone, MD, JD and Associates, San Mateo, CA, for
petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 25, 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, after receiving an influenza vaccination on September 30,
2015, he “suffered the Table Injury known as Shoulder Injury Related to Vaccine
Administration (SIRVA) . . . [or] [i]n the alternative . . . suffered some form of
neurological syndrome or physical injury, either or all of which was caused-in-fact by the
above stated vaccination.” Petition at 1 (internal quotations omitted); accord. id. at ¶¶ 2,
34. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On January 19, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for his SIRVA. On June 4, 2018, respondent filed a proffer on
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-00698-UNJ Document 36 Filed 09/12/18 Page 2 of 4
award of compensation (“Proffer”) indicating petitioner should be awarded $90,000.00.
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 $90,000.00 in the form of a check payable to
petitioner, Julius Vine. 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-00698-UNJ Document 36 Filed 09/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIUS VINE,
Petitioner,
v. No. 17-698V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 25, 2017, Julius Vine (“petitioner”) filed a petition for vaccine injury
compensation alleging that he suffered a left shoulder injury related to vaccine administration
(“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on
September 30, 2015. Respondent filed his Rule 4(c) Report conceding entitlement to
compensation on January 18, 2018. The Chief Special Master issued a Ruling on Entitlement on
January 19, 2018.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$90,000.00 for his pain and suffering, which 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. In particular, respondent would oppose any award for future damages.
1

Case 1:17-vv-00698-UNJ Document 36 Filed 09/12/18 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $90,000.00 in the form of a check payable to petitioner.2
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Lisa A. Watts
LISA A. WATTS
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) 616-4099
DATED: June 4, 2018
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2