VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01266
Package ID: USCOURTS-cofc-1_17-vv-01266
Petitioner: Christine Ann Birch
Filed: 2017-09-15
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2016-11-18
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Christine Ann Birch filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2017, alleging a left shoulder injury following her influenza vaccination on November 18, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 29, 2018, conceding that Ms. Birch's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent noted that Ms. Birch had no prior history of shoulder pain, inflammation, or dysfunction that would explain her symptoms, that she experienced the onset of pain within 48 hours of the vaccination, and that her pain and reduced range of motion were limited to the injected shoulder. The respondent also agreed that the case was timely filed, that Ms. Birch suffered residual effects for more than six months, and that entitlement to compensation was appropriate under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on July 5, 2018, finding Ms. Birch entitled to compensation. Subsequently, on August 14, 2018, the respondent filed a Proffer on Award of Compensation, agreeing to an award of $100,000.00 for pain and suffering, which Ms. Birch accepted. Chief Special Master Dorsey issued a Decision Awarding Damages on October 23, 2018, granting Ms. Birch a lump sum payment of $100,000.00 for pain and suffering. The decision was issued by Chief Special Master Nora Beth Dorsey, with petitioner represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent represented by Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Christine Ann Birch received an influenza vaccine on November 18, 2016. She alleged a left shoulder injury, identified as SIRVA (Shoulder Injury Related to Vaccine Administration). The respondent conceded that the claim met the Table criteria for SIRVA, specifically noting no prior shoulder issues, onset of pain within 48 hours of vaccination, and symptoms limited to the injected shoulder. The respondent's concession led to a Ruling on Entitlement on July 5, 2018, by Chief Special Master Nora Beth Dorsey. A subsequent Proffer on Award of Compensation, filed by the respondent on August 14, 2018, agreed to an award of $100,000.00 for pain and suffering, which the petitioner accepted. A final Decision Awarding Damages was issued on October 23, 2018, by Chief Special Master Dorsey, awarding a lump sum of $100,000.00 to Ms. Birch. Petitioner was represented by Leah VaSahnja Durant, and respondent by Christine Mary Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01266-0
Date issued/filed: 2018-10-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/05/2018) 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-01266-UNJ Document 33 Filed 10/10/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1266V
Filed: July 5, 2018
UNPUBLISHED
CHRISTINE ANN BIRCH,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 15, 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 following
receipt of her November 18, 2016 influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On June 29, 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 “has reviewed the facts of this case and concluded that
petitioner’s claim meets the Table criteria for SIRVA. Specifically, petitioner had no prior
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-01266-UNJ Document 33 Filed 10/10/18 Page 2 of 2
history of pain, inflammation or dysfunction of the affected shoulder prior to
intramuscular vaccine administration that would explain the alleged signs, symptoms,
examination findings, and/or diagnostic studies occurring after vaccine injection; she
suffered the onset of pain within forty-eight 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 6-7. Respondent further agrees that the
case was timely filed, that petitioner suffered residual effects or complications of her
injury for more than six months, and that entitlement to compensation is appropriate
under the Vaccine Act. 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-01266-1
Date issued/filed: 2018-10-23
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/14/2018) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01266-UNJ Document 34 Filed 10/23/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1266V
Filed: August 14, 2018
UNPUBLISHED
CHRISTINE ANN BIRCH,
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.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 15, 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 following
receipt of her November 18, 2016 influenza vaccination. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On July 5, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On August 14, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $100,000.00 for pain
and suffering. Proffer at 1. In the Proffer, respondent represented that petitioner
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-01266-UNJ Document 34 Filed 10/23/18 Page 2 of 4
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 $100,000.00 for pain and suffering in the form
of a check payable to petitioner, Christine Ann Birch. This amount represents
compensation for all damages that would be available.
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-01266-UNJ Document 34 Filed 10/23/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CHRISTINE BIRCH, )
)
Petitioner, )
) No. 17-1266V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On June 29, 2018, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on July 5, 2018, the Chief Special
Master issued a Ruling on Entitlement.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$100,000.00 for pain and suffering which represents all compensation to which petitioner would
be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the 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.
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:17-vv-01266-UNJ Document 34 Filed 10/23/18 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: August 14, 2018
2