VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01295
Package ID: USCOURTS-cofc-1_17-vv-01295
Petitioner: Pamela M Shaffer
Filed: 2017-09-20
Decided: 2018-10-29
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125196

AI-assisted case summary:
Pamela Shaffer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 30, 2016. The case was assigned to the Special Processing Unit. Respondent conceded that Ms. Shaffer was entitled to compensation, noting she had no prior shoulder issues, her pain began within 48 hours of the vaccination, was limited to the injection site, and no other condition explained her symptoms. The respondent further agreed that she suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on May 15, 2018, finding her entitled to compensation. Subsequently, on June 14, 2018, the parties filed a proffer on award of compensation. Respondent recommended an award of $125,196.11, comprising $120,000.00 for past and future pain and suffering and $5,196.11 for past unreimbursed expenses. Ms. Shaffer agreed with this proffered award. The Chief Special Master issued a decision awarding Ms. Shaffer the lump sum of $125,196.11 on October 29, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01295-0
Date issued/filed: 2018-09-20
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 06/14/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01295-UNJ Document 39 Filed 09/20/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1295V
Filed: June 14, 2018
UNPUBLISHED
PAMELA M SHAFFER,
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.
Stephen S. Crandall, Crandall, Pera, & Wilt LLC, Chagrin Falls, OH, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 20, 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 a September 30, 2016 influenza vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 15, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On June 14, 2018, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $125,196.11, which is
comprised of $120,000.00 for past and future pain and suffering and $5,196.11 for past
unreimbursed expenses. Proffer at 2. In the Proffer, respondent represented that
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-01295-UNJ Document 39 Filed 09/20/18 Page 2 of 5
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 $125,196.11 (representing $120,000.00 for pain
and suffering and $5,196.11 for past unreimbursed expenses) in the form of a
check payable to petitioner, Pamela Shaffer. 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-01295-UNJ Document 39 Filed 09/20/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
PAMELA M. SHAFFER, )
)
Petitioner, ) No. 17-1295V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On September 20, 2017, Pamela M. Shaffer (“petitioner”) filed a petition for
compensation (“Petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C.
§§ 300aa-1 to -34, as amended. She alleges that, as a result of receiving the influenza (“flu”)
vaccine on September 30, 2016, she suffered from a left shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1. On May 15, 2018, respondent filed his Vaccine Rule
4(c) report, conceding causation-in-fact for a SIRVA to petitioner’s left arm. On that same day,
the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled to
compensation for a SIRVA to petitioner’s left arm.
II. Items of Compensation
Petitioner has alleged entitlement to the following elements of compensation: past and
future pain/suffering and past unreimbursed expenses. Based upon the evidence of record,
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:17-vv-01295-UNJ Document 39 Filed 09/20/18 Page 4 of 5
respondent proffers that petitioner should be awarded $120,000.00 for past and future
pain/suffering, and $5,196.11 for her past unreimbursed expenses, for a total of $125,196.11.
This amount represents all elements of compensation to which petitioner would be entitled under
42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $125,196.11, in the form of a check payable to petitioner.2
Petitioner agrees.
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
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2

Case 1:17-vv-01295-UNJ Document 39 Filed 09/20/18 Page 5 of 5
/s/Darryl R. Wishard
DARRYL R. WISHARD
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) 616-4357
Dated: June 14, 2018 Fax: (202) 616-4310
3

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01295-2
Date issued/filed: 2018-10-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/15/2018) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01295-UNJ Document 41 Filed 10/29/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1295V
Filed: May 15, 2018
UNPUBLISHED
PAMELA M SHAFFER,
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.
Stephen S. Crandall, Crandall, Pera, & Wilt LLC, Chagrin Falls, OH, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 20, 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 a September 30, 2016 influenza vaccination.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 15, 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 her left shoulder; pain occurred within 48 hours after receipt of an
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-01295-UNJ Document 41 Filed 10/29/18 Page 2 of 2
intramuscular vaccination; pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to explain
petitioner’s shoulder pain. Id. at 5. Respondent further agrees that petitioner suffered
the residual effects of her condition for more than six months and states, “petitioner has
satisfied all legal prerequisites for compensation under the 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