VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01062
Package ID: USCOURTS-cofc-1_17-vv-01062
Petitioner: Michaelanne Graeff
Filed: 2017-08-04
Decided: 2018-12-12
Vaccine: influenza
Vaccination date: 2015-09-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 138060

AI-assisted case summary:
Michaelanne Graeff filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left shoulder on September 22, 2015. The respondent conceded that Ms. Graeff was entitled to compensation. The respondent's Rule 4(c) report detailed that Ms. Graeff had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and her pain and reduced range of motion were limited to the injection site. The respondent also agreed that Ms. Graeff met the statutory and jurisdictional requirements for a Table injury. A ruling on entitlement was issued on May 21, 2018, finding her eligible for compensation. Subsequently, on October 17, 2018, the respondent filed a proffer on award of compensation. The parties agreed to a total award of $138,060.26, which included $137,500.00 for pain and suffering (reduced to net present value) and $560.26 for past unreimbursable expenses. A decision awarding damages was issued on December 12, 2018, granting the lump sum payment to Ms. Graeff.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01062-0
Date issued/filed: 2018-09-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/21/2018) 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-01062-UNJ Document 30 Filed 09/05/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1062V
Filed: May 21, 2018
UNPUBLISHED
MICHAELANNE GRAEFF,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Robert H. Pedroli, Jr., Pedroli & Gauthier, LLC, Clayton, MO, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 4, 2017, Michaelanne Graeff (“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”) as a result of receiving an
influenza (“flu”) vaccine in her left shoulder on September 22, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 18, 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 states that “petitioner had no history of pain, inflammation or
dysfunction of the affected shoulder prior to intramuscular vaccine administration 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).
1

Case 1:17-vv-01062-UNJ Document 30 Filed 09/05/18 Page 2 of 2
would explain the alleged signs, symptoms, examination findings, and/or diagnostic
studies occurring after vaccine injection; she suffered the onset of pain within 48 hours
of vaccine administration; her pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there is no other
condition or abnormality present that would explain petitioner’s symptoms.” Id. at 5-6.
Respondent further agrees that petitioner has satisfied the required statutory and
jurisdiction issues. 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 2: USCOURTS-cofc-1_17-vv-01062-1
Date issued/filed: 2018-12-12
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/17/2018) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01062-UNJ Document 43 Filed 12/12/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1062V
Filed: October 17, 2018
UNPUBLISHED
MICHAELANNE GRAEFF,
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.
Robert H. Pedroli, Jr., Pedroli & Gauthier, LLC, Clayton, MO, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 4, 2017, Michaelanne Graeff (“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”) as a result of receiving an
influenza (“flu”) vaccine to her left shoulder on September 22, 2015. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 21, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation. On October 17, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $137,500.00 for actual
and projected pain and suffering (which has been reduced to net present value) and
$560.26 for past unreimbursable expenses for a total of $138,060.26. Proffer at 1-2. In
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-01062-UNJ Document 43 Filed 12/12/18 Page 2 of 5
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 $138,060.26, (comprised of $137,500.00 for
projected pain and suffering reduced to net present value, and $560.26 for past
unreimbursable expenses) in the form of a check payable to petitioner,
Michaelanne Graeff. 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-01062-UNJ Document 43 Filed 12/12/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MICHAELANNE GRAEFF, )
)
Petitioner, )
)
v. ) No. 17-1062V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On August 4, 2017, petitioner, Michaelanne Graeff, 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 September 22, 2015. On May 18, 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 May 21, 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 $137,500.00 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-01062-UNJ Document 43 Filed 12/12/18 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 $560.26. 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 $138,060.26 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,
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
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-01062-UNJ Document 43 Filed 12/12/18 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: October 16, 2018
-3-