VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00809
Package ID: USCOURTS-cofc-1_17-vv-00809
Petitioner: Teresa Fowler
Filed: 2017-06-15
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2014-10-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 131556

AI-assisted case summary:
Teresa Fowler filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2014. The respondent filed a Rule 4(c) report on January 29, 2018, conceding that Ms. Fowler was entitled to compensation. The respondent concluded that her claim met the criteria for SIRVA and that she was entitled to a presumption of causation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on January 30, 2018, finding Ms. Fowler entitled to compensation. Subsequently, on August 22, 2018, the respondent filed a Proffer on Award of Compensation. The proffer recommended an award of $131,556.79, consisting of $127,500.00 for pain and suffering and $4,056.79 for past unreimbursable expenses. The petitioner agreed with this proffered award. On October 23, 2018, Chief Special Master Dorsey issued a decision awarding Teresa Fowler the lump sum of $131,556.79, payable by check to her. This award represents compensation for all damages available under the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Justine Elizabeth Walters of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Teresa Fowler alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 20, 2014. The respondent conceded entitlement, recognizing the claim met the criteria for SIRVA and was presumed to be vaccine-related under the "Table" theory. A Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on January 30, 2018. Subsequently, a Proffer on Award of Compensation was filed by respondent on August 22, 2018, recommending $131,556.79 ($127,500.00 for pain and suffering, $4,056.79 for past unreimbursable expenses), which petitioner accepted. Chief Special Master Dorsey awarded this amount on October 23, 2018. Petitioner counsel was Ronald Craig Homer; respondent counsel was Justine Elizabeth Walters. The public text does not detail specific medical experts, the mechanism of injury beyond SIRVA, or the specific onset and symptoms.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00809-0
Date issued/filed: 2018-04-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/30/2018) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00809-UNJ Document 28 Filed 04/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-809V
Filed: January 30, 2018
UNPUBLISHED
TERESA FOWLER,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 15, 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 from a shoulder injury related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination administered on
October 20, 2014. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On January 29, 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 concluded that petitioner’s claim meets the criteria for a
SIRVA, and that petitioner is entitled to a presumption of causation Id. at 6.
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-00809-UNJ Document 28 Filed 04/11/18 Page 2 of 2
Respondent further agrees that, in light of the information contained in the record,
entitlement to compensation is appropriate under the terms of the Vaccine Act. Id. at 6-
7.
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-00809-1
Date issued/filed: 2018-10-23
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 08/23/2018) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00809-UNJ Document 44 Filed 10/23/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-809V
Filed: August 23, 2018
UNPUBLISHED
TERESA FOWLER,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 15, 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”) following an influenza (“flu”) vaccine administered on October
20, 2014. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On January 30, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a SIRVA. On August 22, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$131,556.79 comprised of $127,500.00 for pain and suffering, and $4,056.79 for past
unreimbursed expenses. Proffer at 1-2. In the Proffer, respondent represented that
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-00809-UNJ Document 44 Filed 10/23/18 Page 2 of 5
petitioner agrees with the 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 $131,556.79 in the form of a check payable to
petitioner, Teresa Fowler. 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-00809-UNJ Document 44 Filed 10/23/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
TERESA FOWLER, )
)
Petitioner, )
)
v. ) No. 17-809V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 15, 2017, petitioner, Teresa Fowler, filed a petition for compensation under the
National Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging
that she developed a shoulder injury related to vaccine administration (“SIRVA”) as a result of
receiving an influenza (“flu”) vaccine on October 20, 2014. On January 28, 2018, respondent
filed a Rule 4(c) Report indicating that petitioner is entitled to compensation for SIRVA. For the
purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c)
Report. On January 30, 2018, Chief Special Master Dorsey issued a Ruling on Entitlement
finding that petitioner is entitled to compensation for SIRVA.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $127,500.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4).
Petitioner agrees.

Case 1:17-vv-00809-UNJ Document 44 Filed 10/23/18 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her SIRVA. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $4,056.79. Petitioner agrees.
C. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $131,556.79 in the form of a check payable to petitioner.1 This
represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). 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
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 medical
expenses, future lost earnings, and future pain and suffering.
-2-

Case 1:17-vv-00809-UNJ Document 44 Filed 10/23/18 Page 5 of 5
s/ Justine Walters__________
JUSTINE WALTERS
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) 307-6393
DATE: August 22, 2018
-3-