VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01311
Package ID: USCOURTS-cofc-1_17-vv-01311
Petitioner: Julia Wade
Filed: 2017-09-22
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2016-09-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71653

AI-assisted case summary:
Julia Wade filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2017, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 29, 2016. The respondent, represented by Camille Michelle Collett of the U.S. Department of Justice, filed a Rule 4(c) report on February 28, 2018, conceding that the alleged injury was consistent with a right SIRVA and was caused in fact by the influenza vaccine. The respondent further agreed that Ms. Wade had satisfied all legal prerequisites for compensation. On March 5, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Wade entitled to compensation. Subsequently, on May 14, 2018, the respondent filed a proffer on award of compensation, stating that Ms. Wade should be awarded $71,653.58. The proffer noted that this amount represented compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a) and did not address attorneys' fees and litigation costs, which would be determined later upon submission of documentation. Ms. Wade, represented by Ann Mayhew Golski of Maglio Christopher & Toale, PA, agreed with the proffered award. On September 5, 2018, Chief Special Master Dorsey issued a decision awarding Ms. Wade a lump sum payment of $71,653.58, payable by check to Julia Wade. The decision noted that judgment could be expedited if the parties jointly filed notice renouncing the right to seek review. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Julia Wade alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on September 29, 2016. The respondent conceded that the injury was consistent with a right SIRVA and was caused in fact by the vaccine. The case proceeded to an entitlement ruling on March 5, 2018, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A subsequent decision on September 5, 2018, by Chief Special Master Dorsey awarded petitioner a lump sum of $71,653.58 based on a proffer agreed to by both parties. The theory of causation was "Off-Table." The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01311-0
Date issued/filed: 2018-06-25
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 3/5/2018) regarding 16 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-01311-UNJ Document 33 Filed 06/25/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1311V
Filed: March 5, 2018
UNPUBLISHED
JULIA WADE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 22, 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 sustained a shoulder injury related to vaccine
administration (“SIRVA”) caused by the influenza (“flu”) vaccine she received on
September 29, 2016. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On February 28, 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 the Division of Injury
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-01311-UNJ Document 33 Filed 06/25/18 Page 2 of 2
Compensation, Department of Health and Human Services (“DICP”) has concluded that
that the alleged injury is consistent with a right SIRVA and that it was “caused in fact by
the influenza vaccine petitioner received on September 29, 2016.” Id. at 5. Respondent
further agrees that “based on the record as it now stands, 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

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01311-1
Date issued/filed: 2018-09-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/15/2018) 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-01311-UNJ Document 37 Filed 09/05/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1311V
Filed: May 15, 2018
UNPUBLISHED
JULIA WADE,
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.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 22, 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 sustained a shoulder injury related to vaccine
administration (“SIRVA”) caused by the influenza (“flu”) vaccine she received on
September 29, 2016. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On March 5, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her shoulder injury. On May 14, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $71,653.58.
Proffer at 1. In the Proffer, respondent represented that petitioner agrees with the
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-01311-UNJ Document 37 Filed 09/05/18 Page 2 of 4
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 $71,653.58 in the form of a check payable to
petitioner, Julia Wade. 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-01311-UNJ Document 37 Filed 09/05/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIA WADE,
Petitioner,
v.
No. 17-1311V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On February 28, 2018, respondent filed a Rule 4(c) Report conceding petitioner’s
entitlement to compensation for her SIRVA injury. On March 5, 2018, the Chief Special Master
issued a Ruling on Entitlement finding petitioner entitled to damages in this case. Respondent
now proffers that petitioner receive an award of a lump sum of $71,653.58 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 This proffer does not address final
attorneys’ fees and litigation costs. Petitioner is additionally entitled to reasonable attorneys’ fees
and litigation costs, to be determined at a later date upon petitioner submitting substantiating
documentation.
Petitioner agrees with the proffered award of $71,653.58 as representing all elements of
compensation under 42 U.S.C. § 300aa-15(a) to which petitioner is entitled.
Respectfully submitted,
CHAD A. READLER
Acting Assistant Attorney General
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.

Case 1:17-vv-01311-UNJ Document 37 Filed 09/05/18 Page 4 of 4
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
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
(202) 616-4098
DATE: May 14, 2018