VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01053
Package ID: USCOURTS-cofc-1_17-vv-01053
Petitioner: Steven Washington
Filed: 2017-08-03
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2016-11-23
Condition: Shoulder Injuries Related to Vaccine Administration (“SIRVA”) including left shoulder tear in the distal supraspinatus tendon, rotator cuff tendinitis, adhesive capsulitis, supraspinatus and infraspinatus tendinopathy, and bursitis
Outcome: compensated
Award amount USD: 141694

AI-assisted case summary:
Steven Washington filed a petition alleging that he suffered Shoulder Injuries Related to Vaccine Administration (SIRVA), including a left shoulder tear, rotator cuff tendinitis, adhesive capsulitis, and bursitis, caused by an influenza vaccine administered on November 23, 2016. The case was assigned to the Special Processing Unit. On June 17, 2019, the respondent conceded that Mr. Washington was entitled to compensation, specifically agreeing that his bursitis was caused-in-fact by the flu vaccine. A ruling on entitlement was issued on June 17, 2019, finding him entitled to compensation. Subsequently, on June 21, 2019, the respondent filed a proffer on award of compensation, proposing an award of $141,694.81, which included $140,000.00 for pain and suffering, $957.33 for lost wages, and $737.48 for past out-of-pocket expenses. The petitioner agreed with this proposed award. The decision awarding damages was issued on September 11, 2019, granting the lump sum payment of $141,694.81.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01053-0
Date issued/filed: 2019-09-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/17/2019) regarding 61 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01053-UNJ Document 69 Filed 09/04/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1053V
Filed: June 17, 2019
UNPUBLISHED
STEVEN WASHINGTON,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 3, 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 he suffered “Shoulder Injuries Related to Vaccine
Administration (“SIRVA”) including left shoulder tear in the distal supraspinatus tendon,
rotator cuff tendinitis, adhesive capsulitis, supraspinatus and infraspinatus tendinopathy,
and bursitis” that were caused-in-fact by the adverse effects of the influenza (“flu”)
vaccine administered on November 23, 2016. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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-01053-UNJ Document 69 Filed 09/04/19 Page 2 of 2
On June 17, 2019, respondent filed his Amended Rule 4(c) Report in which he
concedes that petitioner is entitled to compensation in this case. Respondent’s
Amended Rule 4(c) Report at 1-2. Specifically, respondent concludes that petitioner’s
bursitis was caused-in-fact by the flu vaccine administered on November 23, 2016. Id.
at 8. Respondent further agrees that no other causes for petitioner’s bursitis have been
identified and that the statutory six-month sequela requirement has been satisfied. 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01053-1
Date issued/filed: 2019-09-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/25/2019) regarding 65 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01053-UNJ Document 70 Filed 09/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1053V
Filed: June 25, 2019
UNPUBLISHED
STEVEN WASHINGTON,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 3, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused-in-fact by the adverse effects of an influenza (“flu”)
vaccine administered on November 23, 2016. Petition at 1. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On June 17, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for a SIRVA. On June 21, 2019, respondent filed a proffer on award of
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-01053-UNJ Document 70 Filed 09/11/19 Page 2 of 4
compensation (“Proffer”) indicating petitioner should be awarded $141,694.81
consisting of $140,000.00 in pain and suffering, $957.33 in lost wages, and $737.48 in
past out of pocket expenses. Proffer 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 $$141,694.81 (consisting of $140,000.00 in pain
and suffering, $957.33 in lost wages, and $737.48 in past out-of-pocket expenses
in the form of a check payable to petitioner, Steven Washington. 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-01053-UNJ Document 70 Filed 09/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STEVEN WASHINGTON,
Petitioner,
v. No. 17-1053V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 17, 2019, respondent filed her Amended Rule 4(c) Report, in which she
conceded entitlement. On June 17, 2019, the Court issued a Ruling on Entitlement, finding that
petitioner is entitled to compensation for his buristis. Based on the evidence in the record,
respondent proffers that petitioner receive an award of a lump sum of $141,694.81 (consisting of
$140,000.00 in pain and suffering, $957.33 in lost wages, and $737.48 in past out-of-pocket
expenses) in the form of a check payable to petitioner. This amount represents compensation for
all elements of compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.1
Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this
case.
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-01053-UNJ Document 70 Filed 09/11/19 Page 4 of 4
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Camille M. Collett_____
CAMILLE M. COLLETT
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) 616-0515
Dated: June 21, 2019
2