VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00709
Package ID: USCOURTS-cofc-1_17-vv-00709
Petitioner: Jannie Owens
Filed: 2018-05-30
Decided: 2019-05-01
Vaccine: influenza
Vaccination date: 2016-09-19
Condition: bursitis
Outcome: compensated
Award amount USD: 122000

AI-assisted case summary:
Jannie Owens filed a petition for compensation under the National Vaccine Injury Compensation Program on May 30, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 19, 2016, influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 11, 2018, conceding that petitioner was entitled to compensation. The respondent noted that the injury was not a typical SIRVA because the pain radiated beyond the injection site, specifically to her neck and forearm, rather than being limited to the shoulder. However, the respondent concluded that a preponderance of the medical evidence established that petitioner's bursitis, which was confirmed by an MRI, was caused-in-fact by the influenza vaccine. The respondent did not identify any other cause for the injury, and medical records indicated that petitioner suffered residual effects for more than six months. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 12, 2018, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on March 8, 2019, the parties filed a Proffer on Award of Damages. The respondent proffered an award of $122,000.00, representing all elements of compensation available under the Vaccine Act, to which the petitioner agreed. Chief Special Master Dorsey issued a Decision Awarding Damages on May 1, 2019, awarding Jannie Owens a lump sum payment of $122,000.00 in the form of a check payable to her. The decision noted that the petitioner is a competent adult and evidence of guardianship was not required. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jannie Owens received an influenza vaccine on September 19, 2016. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, finding that while the injury did not meet the strict definition of SIRVA due to pain radiating to the neck and forearm, her bursitis was caused-in-fact by the flu vaccine. Medical records confirmed bursitis via MRI and indicated residual effects for over six months. Dr. Baddour opined that pain from the vaccine led to limited arm movement, resulting in bursitis. The respondent did not identify an alternative cause. The case was determined to be an off-Table injury. Chief Special Master Nora Beth Dorsey ruled on entitlement on June 12, 2018, and awarded $122,000.00 in damages via a lump sum check on May 1, 2019, based on a stipulation between petitioner (Jeffrey S. Pop) and respondent (Jennifer Leigh Reynaud).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00709-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/12/2018) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00709-UNJ Document 36 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-709V
Filed: June 12, 2018
UNPUBLISHED
JANNIE OWENS,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Bursitis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 30, 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 petitioner suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of her September 19, 2016 influenza (“flu”)
vaccination. Petition at 1. 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-00709-UNJ Document 36 Filed 09/19/18 Page 2 of 2
On June 11, 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 indicates that
DICP [the Division of Injury Compensation Programs at the Department of
Health and Human Services] has determined that petitioner’s alleged
injury is not consistent with a SIRVA injury because her pain was not
“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. See 42 U.S.C. § 300aa-14
and 42 CFR § 100.3. (c)(10)(iii). Rather, petitioner repeatedly complained
of pain that radiated to her neck and her forearm. See, e.g., Pet. Ex. 3 at 3
(“Left deltoid primarily with radiation down left arm to fingers.”), 18 (“arm
pain is getting worse and now pain in neck”); Pet. Ex. 9 at 11 (“She
complains of pain from the shoulder radiating into the neck and upper
back ad pain from the shoulder radiating into her left upper extremity
distally into at least the forearm.”).
Nonetheless, DICP has concluded that a preponderance of the medical
evidence establishes that petitioner’s bursitis, confirmed by an MRI, was
caused-in-fact by the flu vaccine she received on September 19, 2016. Of
note, Dr. Baddour opined that pain from the flu vaccine caused petitioner
to limit her arm movement, resulting in her bursitis. Pet. Ex. 5 at 5. DICP
did not identify any other cause for petitioner’s injury, and the medical
records outlined above demonstrate that she suffered the residual effects
of her condition for more than six months. Therefore, based on the record
as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Vaccine Act. See 42 U.S.C. § 300aa-13(a)(1)(B);
42 U.S.C. § 300aa-11(c)(1)(D)(i).
Id. at 5-6.
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-00709-1
Date issued/filed: 2019-05-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/12/2019) regarding 49 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00709-UNJ Document 57 Filed 05/01/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-709V
Filed: March 12, 2019
UNPUBLISHED
JANNIE OWENS,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Bursitis
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 30, 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 a result of her September 19, 2016 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 12, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for bursitis. On March 8, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $122,000.00. Proffer
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-00709-UNJ Document 57 Filed 05/01/19 Page 2 of 4
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 $122,000.00 in the form of a check payable to
petitioner, Jannie Owens. 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-00709-UNJ Document 57 Filed 05/01/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JANNIE OWENS,
Petitioner, No. 17-709V
v. Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
PROFFER ON AWARD OF DAMAGES
On May 30, 2017, Jannie Owens (“petitioner”) filed a petition for compensation
(“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34 (“Vaccine Act” or “Act”), as amended. Respondent conceded petitioner’s entitlement to
compensation in his Rule 4(c) Report filed on June 11, 2018. Based on Respondent’s Rule 4(c)
Report the Chief Special Master found petitioner entitled to compensation.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$122,000.00, which represents all elements of compensation to which petitioner would be
entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $122,000.00, in the form of a check made payable to petitioner.
1 Petitioner agrees.
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.
1

Case 1:17-vv-00709-UNJ Document 57 Filed 05/01/19 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/Jennifer L. Reynaud
JENNIFER L. REYNAUD
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) 305-1586
Date: March 8, 2019
2