VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00948
Package ID: USCOURTS-cofc-1_17-vv-00948
Petitioner: Tracie Johaneck
Filed: 2017-07-14
Decided: 2018-10-10
Vaccine: influenza
Vaccination date: 2015-10-30
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Tracie Johaneck filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2017, alleging a left shoulder injury resulting from an influenza vaccination she received on October 30, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 11, 2018, conceding that Ms. Johaneck's condition was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The respondent's concession was based on the petitioner having no recent history of left shoulder pain or dysfunction, experiencing pain within 48 hours of the vaccination, the pain being limited to the injection site shoulder, and no other condition explaining the pain. The respondent also noted that the petitioner suffered residual effects for more than six months. Based on this concession and the available medical records, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 13, 2018, finding Ms. Johaneck entitled to compensation. Subsequently, on July 10, 2018, the respondent filed a Proffer on Award of Compensation, agreeing to a $100,000.00 award for pain and suffering. The petitioner accepted this proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on October 10, 2018, granting a lump sum payment of $100,000.00 to Tracie Johaneck, representing compensation for all damages available under the Vaccine Act. The petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and the respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Tracie Johaneck alleged a left shoulder injury resulting from an October 30, 2015, influenza vaccination. The respondent conceded entitlement, agreeing that the condition was Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury. The respondent's concession was based on the petitioner's medical course being consistent with SIRVA, including no prior shoulder issues, onset of pain within 48 hours post-vaccination, localized pain to the injection site, and no other identified cause for the pain, with residual effects lasting over six months. The public decision does not detail specific medical experts, the mechanism of injury, or specific clinical findings beyond the criteria for SIRVA. Petitioner was awarded $100,000.00 as a lump sum for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). The Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on April 13, 2018, and the Decision Awarding Damages was issued on October 10, 2018. Petitioner's counsel was Amber Diane Wilson, and respondent's counsel was Claudia Barnes Gangi.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00948-0
Date issued/filed: 2018-08-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/13/2018) regarding 26 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00948-UNJ Document 36 Filed 08/21/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-948V
Filed: April 13, 2018
UNPUBLISHED
TRACIE JOHANEK,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On July 14, 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 left shoulder injury as a result of her
October 30, 2015 influenza (“flu”) vaccination. See Petition at 1-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 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 he
believes that petitioner’s medical course is consistent with a shoulder
injury related to vaccine administration (“SIRVA”) as defined on the
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-00948-UNJ Document 36 Filed 08/21/18 Page 2 of 2
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), (c)(10) (2017).
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-11(c)(1)(D)(I), 300aa-13(a)(1)(B).
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-00948-1
Date issued/filed: 2018-10-10
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/10/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00948-UNJ Document 43 Filed 10/10/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-948V
Filed: July 10, 2018
UNPUBLISHED
TRACIE JOHANEK,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On July 14, 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 left shoulder injury as a result of her
October 30, 2015 influenza (“flu”) vaccination. See Petition at 1-3. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On April 13, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a shoulder injury related to vaccine administration (“SIRVA”). On July
10, 2018, respondent filed a proffer on award of compensation (“Proffer”) indicating
petitioner should be awarded $100,000.00 representing pain and suffering. Proffer at 1.
In the Proffer, respondent represented that petitioner agrees with the proffered award.
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-00948-UNJ Document 43 Filed 10/10/18 Page 2 of 4
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 $100,000.00, representing pain and suffering, in
the form of a check payable to petitioner, Tracie Johanek. 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-00948-UNJ Document 43 Filed 10/10/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
TRACI JOHANEK, *
*
Petitioner, *
*
v. * No. 17-948V (ECF)
* CHIEF SPECIAL MASTER DORSEY
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On April 11, 2018, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On April 13, 2018, Chief Special Master Dorsey
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her Shoulder Injury Related to Vaccine Administration (“SIRVA”). Based upon the evidence of
record, respondent proffers that petitioner should be awarded $100,000.00 for 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
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $100,000.00, in the form of a check payable to petitioner.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 pain and
suffering.

Case 1:17-vv-00948-UNJ Document 43 Filed 10/10/18 Page 4 of 4
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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/Claudia B. Gangi
CLAUDIA B. GANGI
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4138
Email: claudia.gangi@usdoj.gov
Dated: July 10, 2018