VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00815
Package ID: USCOURTS-cofc-1_17-vv-00815
Petitioner: Shirley Garrett
Filed: 2017-06-16
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2015-10-12
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 60115

AI-assisted case summary:
Shirley Garrett filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury caused by an influenza vaccination she received on October 12, 2015. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms. Garrett satisfied the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. The respondent further acknowledged that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Ms. Garrett entitled to compensation. Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $60,115.63, comprising $60,000 for pain and suffering and $115.63 for past unreimbursable medical expenses. Ms. Garrett agreed to this award. The court issued a decision awarding this lump sum payment to Ms. Garrett.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00815-0
Date issued/filed: 2018-06-07
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/15/2018) regarding 22 Findings of Fact & Conclusions of Law. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00815-UNJ Document 26 Filed 06/07/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-815
Filed: March 15, 2018
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHIRLEY GARRETT, *
*
Petitioner, * Fact Ruling; Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
v. * Administration (“SIRVA”); Conflicting
* Evidence of Vaccine Injection Site;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ann Mayhew Golski, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON FACTS1
Dorsey, Chief Special Master:
On June 16, 2017, Shirley Garrett (“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 right shoulder injury
that was caused-in-fact by an influenza (“flu”) vaccination she received on October 12,
2015. Petition at 1-2; see also Pet.’s Ex. 1 & 10 (vaccination records). The case was
assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters.
I. Summary of Dispute
On January 17, 2018, petitioner moved for a finding of fact on the issue of
location of vaccine administration. Pet.’s Mot., ECF No. 17. The immunization records
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.
1

Case 1:17-vv-00815-UNJ Document 26 Filed 06/07/18 Page 2 of 4
clearly documents that the vaccine was administered to petitioner’s left deltoid;
petitioner, however, asserts it was given on the right side. Compare Pet.’s Exs. 1 & 10
(vaccination records) to Petition at 1; Pet.’s Ex. 8 at 1 (Pet.’s Aff.). In her affidavit,
petitioner states that she requested the vaccination be given on her right side to avoid a
small area of scar tissue on her left arm. Pet.’s Ex. 8 at 1. Petitioner also states that
her vaccination records incorrectly state who administered the vaccination. Id.
On January 31, 2018, respondent filed a response to petitioner’s motion stating
that:
Respondent leaves it to the sound discretion of the Chief Special Master to
determine whether the record as it stands now provides sufficient
information to allow for a factual ruling on the record determining the site of
vaccine administration or whether a fact hearing is needed on the issue.
Resp.’s Resp. at 3, ECF No. 19.
At petitioner’s request, a status conference was convened on March 15, 2018
before the undersigned. At the start of this conference, the undersigned confirmed with
the parties that they had no objection to her issuing a fact ruling by teleconference. The
parties did not object. The undersigned then presented her finding that, based upon the
record as a whole, that preponderant evidence exists to support petitioner’s claim that
she her October 12, 2015 flu vaccination was administered in her right shoulder.
II. Summary of Facts Supporting Finding
The evidence in favor of petitioner’s assertion that she was vaccinated in her
right shoulder includes the following:
1. Petitioner’s affidavit wherein she states that she received the October 15,
2015 vaccination in her right shoulder. See Exhibit 8.
2. The affidavit of petitioner’s husband, Shannon Lee Garrett, in which Mr.
Garrett states that he was in attendance on October 12, 2015, when petitioner
received the flu vaccination and saw it administered to his wife’s right arm.
Pet.’s Ex. 9. Mr. Garrett further states he also received the flu vaccination
during that visit. Id.
3. On November 5, 2015, petitioner was seen by Erin Haff, PA, and Dr. Anthony
Czaplicki of Orthopaedic Associates complaining of right shoulder pain
reporting that “after a flu shot she had pain that has not [gone] away.” Pet.’s
Ex. 4 at 23.
4. Petitioner attended fourteen physical therapy sessions between November
2015 and January 2016 for treatment of right shoulder pain which petitioner
consistently attributed to her October 2015 flu shot. Pet.’s Ex. 2, passim. At
the first visit on November 30, 2015, Renee Humphrey, PT, documented that
2

Case 1:17-vv-00815-UNJ Document 26 Filed 06/07/18 Page 3 of 4
petitioner had painful and limited range of motion in her right shoulder and
petitioner was diagnoses with rotator cuff tendinosis of the right shoulder. Id.
at 9-10.
5. Petitioner was under the treatment of an orthopedist for right shoulder pain
from November 5, 2015 through November 2016. Pet.’s Ex. 4, passim.
Petitioner reported to numerous health care providers at that practice –
including Lauren Richardson, PA, Jennifer Kollker, NP, Dr. Daniel Emerson,
and others – that her right shoulder pain began on October 13, 2015 after
receiving a flu shot. Id. at 3, 5, 8, 11, 14, 17, 20, & 23.
The evidence against petitioner’s assertion that she was vaccinated in her right
shoulder consists of the following:
1. The immunization record, which indicates the site the given as “left.” Pet.’s
Ex. 8 at 2.
2. The immunization consent form, which indicates the site given as “left
deltoid.” Pet.’s Ex. 10.
III. Applicable Legal Standard
A petitioner must prove, by a preponderance of the evidence, the factual
circumstances surrounding her claim. 42 U.S.C. § 300aa-13(a)(1)(A). To resolve
factual issues, the special master must weigh the evidence presented, which may
include contemporaneous medical records and testimony. See Burns v. Sec’y of Health
& Human Servs., 3 F.3d 415, 417 (Fed. Cir. 1993) (explaining that a special master
must decide what weight to give evidence including oral testimony and
contemporaneous medical records). Contemporaneous medical records are presumed
to be accurate. See Cucuras v. Sec’y of Health & Human Servs., 993 F.2d 1525, 1528
(Fed. Cir. 1993). To overcome the presumptive accuracy of medical records testimony,
a petitioner may present testimony which is “consistent, clear, cogent, and compelling.”
Sanchez v. Sec’y of Health & Human Servs., 110685V, 2013 WL 1880825, at *3 (Fed.
Cl. Spec. Mstr. April 10, 2013) (citing Blustein v. Sec’y of Health & Human Servs., 90-
2808V, 1998 WL 408611, at *5 (Fed. Cl. Spec. Mstr. June 30, 1998)).
IV. Fact Ruling
After a discussion of the facts set forth above, the undersigned made an oral
ruling in petitioner’s favor, finding the totality of the evidence indicated petitioner
received the October 12, 2015 vaccination in her right shoulder.
V. Conclusion
At the conclusion of the March 15, 2018 status conference, petitioner requested
that respondent file a Rule 4(c) report following the undersigned’s fact ruling.
3

Case 1:17-vv-00815-UNJ Document 26 Filed 06/07/18 Page 4 of 4
Respondent requested 60 days for the filing of his Rule 4(c) report to accommodate his
counsel’s upcoming trial schedule.
Accordingly, respondent’s Rule 4(c) report is due by Wednesday, May 16, 2018.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00815-1
Date issued/filed: 2018-09-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/15/2018) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00815-UNJ Document 40 Filed 09/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-815V
Filed: May 15, 2018
UNPUBLISHED
SHIRLEY GARRETT,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Table Injury;
v. Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 16, 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 right shoulder injury that was caused-in-fact
by an influenza (“flu”) vaccination she received on October 12, 2015. Petition at 1-2;
see also Pet.’s Ex. 1 & 10 (vaccination records). The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 15, 2018, respondent filed his Rule 4(c) report stating:
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-00815-UNJ Document 40 Filed 09/05/18 Page 2 of 2
Recognizing that the Chief Special Master’s factual finding that petitioner
received a flu vaccination in her right shoulder on October 12, 2015, is the
law of the case, respondent advises that he will not defend the case on
other grounds during further proceedings before the Office of Special
Masters. While preserving his right to appeal the Chief Special Master’s
March 15, 2018 Ruling on Facts, respondent submits that petitioner has
otherwise satisfied the criteria set forth in the Vaccine Injury Table and the
Qualifications and Aids to Interpretation (“QAI”) for Shoulder Injury Related
to Vaccine Administration (“SIRVA”).
Respondent’s Rule 4(c) Report at 2.
Respondent states that the Division of Injury Compensation Programs “has
concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table.” Id. at
5. Respondent further agrees that “petitioner suffered the residual effects of her
condition for more than six months.” 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
2

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DOCUMENT 3: USCOURTS-cofc-1_17-vv-00815-3
Date issued/filed: 2018-10-24
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/22/2018) regarding 30 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00815-UNJ Document 44 Filed 10/24/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-815V
Filed: June 22, 2018
UNPUBLISHED
SHIRLEY GARRETT,
Special Processing Unit (SPU);
Damages Decision Based on Proffer;
Petitioner,
Table Injury; Influenza (Flu) Vaccine;
v.
Shoulder Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 16, 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 right shoulder injury that was caused-in-fact
by an influenza (“flu”) vaccination she received on October 12, 2015. Petition at 1-2;
see also Pet’s Ex. 1 & 10 (vaccination records). The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On May 15, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for Shoulder Injury Related to Vaccine Administration (“SIRVA”). On
June 20, 2018, respondent filed a proffer on award of compensation (“Proffer”)
indicating petitioner should be awarded $60,115.63, representing $60,000 for pain and
suffering and $115.63 for past unreimbursable medical expenses. Proffer at 1. In the
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-00815-UNJ Document 44 Filed 10/24/18 Page 2 of 4
Proffer, respondent represented that 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 $60,115.63, representing $60,000 for pain and
suffering and $115.63 for past unreimbursable medical expenses in the form of a
check payable to petitioner, Shirley Garrett. 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-00815-UNJ Document 44 Filed 10/24/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
SHIRLEY GARRETT, )
)
Petitioner, )
) No. 17-00815V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER OF DAMAGES
I. Items of Compensation
For purposes of this proffer, the term “vaccine-related” is as described in Respondent’s
Rule 4(c) Report, filed on May 15, 2018, conceding entitlement in this case. Based upon the
evidence of record, Respondent proffers that Petitioner should be awarded $60,115.63, which
comprises of $60,000.00 for pain and suffering, plus $115.63 for past unreimbursable medical
expenses.1 The total sum of $60,115.63 represents all elements of compensation to which
Petitioner would be entitled under 42 U.S.C. § 300aa-15(a) for her vaccine-related injury.
Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation should be made through a lump sum
payment of $60,115.63 in the form of a check payable to petitioner Shirley Garrett. 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 pain and
suffering.

Case 1:17-vv-00815-UNJ Document 44 Filed 10/24/18 Page 4 of 4
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/ Sherry D. Soanes
SHERRY D. SOANES
Trial Attorney
United States Department of Justice
Civil Division, Torts Branch
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-4208
Facsimile: (202) 353-2988
Electronic Mail: sherry.soanes@usdoj.gov
DATED: June 20, 2018
2