VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00840
Package ID: USCOURTS-cofc-1_17-vv-00840
Petitioner: Patricia M. Browne
Filed: 2017-06-21
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2014-12-15
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 85151

AI-assisted case summary:
Patricia M. Browne filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her December 15, 2014 influenza vaccination. The respondent conceded that her medical course was consistent with SIRVA, a Table injury, as she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also noted that she suffered residual effects for more than six months. Based on this concession and the evidence, the Chief Special Master found petitioner entitled to compensation. Subsequently, on October 17, 2018, the respondent filed a proffer on award of compensation, agreeing to an award of $85,151.75. This amount included $3,801.05 for past out-of-pocket expenses, $350.70 for lost wages, and $81,000.00 for pain and suffering. Petitioner, a competent adult, agreed with the proffered award. The Chief Special Master issued a decision awarding the lump sum payment of $85,151.75.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00840-0
Date issued/filed: 2018-05-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/7/2018) regarding 26 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00840-UNJ Document 31 Filed 05/18/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-840V
Filed: March 7, 2018
UNPUBLISHED
PATRICIA M. BROWNE,
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.
Elizabeth Martin Muldowney, Sands Anderson, P.C., Richmond, VA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 21, 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 December 15, 2014 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 5, 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
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-00840-UNJ Document 31 Filed 05/18/18 Page 2 of 2
DICP believes that petitioner’s medical course is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) as defined on
the Vaccine Injury Table. Specifically, petitioner had no recent history of
pain, inflammation, or dysfunction of her left shoulder, pain occurred within
48 hours after receipt of an intramuscular vaccination, pain was limited to
the shoulder where the vaccine was administered, and no other condition
or abnormality, such as brachial neuritis, has been identified to explain
petitioner’s shoulder pain. 42 C.F.R. §§ 100.3(a); 42 C.F.R. 100.3(c)(10).
Additionally, based on the medical records outlined above, petitioner
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 Act. See 42 U.S.C. §
300aa-13(a)(1)(B); 42 U.S.C. § 300aa-11(c)(1)(D)(I).
Id. at 5.
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

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_17-vv-00840-1
Date issued/filed: 2018-12-12
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/18/2018) regarding 42 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00840-UNJ Document 46 Filed 12/12/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-840V
Filed: October 18, 2018
UNPUBLISHED
PATRICIA M BROWNE,
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.
Elizabeth Martin Muldowney, Sands Anderson, PC, Richmond, VA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 21, 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of her December 15, 2014 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 7, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On October 17, 2018, respondent filed a proffer on award
of compensation (“Proffer”) indicating petitioner should be awarded $85,151.75,
comprised of $3,801.05 for petitioner’s past out of pocket expenses, $350.70 for lost
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-00840-UNJ Document 46 Filed 12/12/18 Page 2 of 4
wages, and $81,000.00 for her pain and suffering. Proffer at 1-2. In the 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 $85,151.75 (comprised of $3,801.05 for
petitioner’s past out of pocket expenses, $350.70 for lost wages, and $81,000.00
for her pain and suffering) in the form of a check payable to petitioner, Patricia M.
Browne. 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-00840-UNJ Document 46 Filed 12/12/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA M. BROWNE,
Petitioner,
No. 17-840V
v.
Chief Special Master Dorsey
ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 5, 2018, respondent filed a Rule 4(c) Report conceding that petitioner is
entitled to vaccine compensation for her Shoulder Injury Related to Vaccine Administration
(“SIRVA”) injury. On March 7, 2018, the Chief Special Master issued a Ruling on Entitlement
adopting respondent’s recommendation.
I. Compensation for Vaccine Injury-Related Items
Respondent proffers that based on the evidence of record, petitioner should be awarded
$85,151.75, comprised of $3,801.05 for petitioner’s past out of pocket expenses, $350.70 for lost
wages, and $81,000.00 for her pain and suffering. This amount 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 as described below, and requests that the special master’s decision
1

Case 1:17-vv-00840-UNJ Document 46 Filed 12/12/18 Page 4 of 4
and the Court’s judgment award the following:1
A lump sum payment of $85,151.75 in the form of a check payable to petitioner,
Patricia M. Browne. This amount accounts for all elements of compensation under
42 U.S.C. § 300aa-15(a) to which petitioner would be entitled.
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
GABRIELLE M. FIELDING
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 17, 2018
1 Should petitioner die prior to entry of judgment, respondent reserves the right to move the Court for
appropriate relief. In particular, respondent would oppose any award for future medical expenses, future
pain and suffering, and future lost wages.
2