VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01368
Package ID: USCOURTS-cofc-1_17-vv-01368
Petitioner: Mechelle Head
Filed: 2017-09-28
Decided: 2019-01-17
Vaccine: influenza
Vaccination date: 2016-10-11
Condition: right shoulder bursitis and related sequelae
Outcome: compensated
Award amount USD: 81000

AI-assisted case summary:
Mechelle Head filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 11, 2016 influenza vaccination. The respondent conceded that petitioner was entitled to compensation for her right-side bursitis and related sequelae. Although the respondent initially noted that the injury was not consistent with the Table criteria for SIRVA due to symptoms extending beyond the shoulder, they later conceded causation-in-fact based on Institute of Medicine findings linking vaccine injections to deltoid bursitis and the petitioner's diagnosis of right shoulder reactive bursitis, status post flu shot. The Chief Special Master issued a ruling on entitlement, finding Mechelle Head entitled to compensation. Subsequently, the parties reached a stipulation for damages. On January 17, 2019, a decision awarding damages was issued, granting Mechelle Head a lump sum payment of $81,000.00, representing compensation for all available elements of damages.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01368-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/19/2018) regarding 29 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01368-UNJ Document 34 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1368V
Filed: September 19, 2018
UNPUBLISHED
MECHELLE HEAD,
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, Bursitis
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 28, 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 suffers a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of her October 11, 2016 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
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-01368-UNJ Document 34 Filed 10/24/18 Page 2 of 2
On September 14, 2018, respondent filed his Rule 4(c) report in which he
concedes that petitioner is entitled to compensation in this case for “petitioner’s right-
side bursitis and related sequelae.” Respondent’s Rule 4(c) Report at 1.
Specifically, respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs
(DICP) have reviewed the petition and medical records filed in this case.
Based on that review, DICP has concluded that petitioner’s right shoulder
injury is not consistent with the Qualifications and Aids to Interpretation for
SIRVA, as defined by the Vaccine Injury Table. 42 C.F.R.
§100.3(a)(XIV)(B), (c)(10). The third criterion under the Table for
sustaining a SIRVA claim is that “[p]ain and reduced range of motion are
limited to the shoulder in which the intramuscular vaccine was
administered.” Id. at § 100.3 (c)(10)(iii). Here, the record reflects
symptomatology not limited to petitioner’s shoulder. Ex. 2 at 11 (Oct. 31,
2016 notation of “weakness; radiation down arm”); Ex. 5 at 1 (Nov. 17,
2016 report of an “electrical shock sensation in [petitioner’s] right hand”).
Id. at 4-5. Respondent further indicates that
Notwithstanding the above, the Institute of Medicine (IOM) has determined
that the “evidence convincingly supports a causal relationship between the
injection of a vaccine and deltoid bursitis.” INSTITUTE OF MEDICINE, ADVERSE
EFFECTS OF VACCINES: EVIDENCE AND CAUSALITY 620 (Kathleen R. Stratton
et al., eds., 2012). In the current case, petitioner’s orthopedist diagnosed
her with “[r]ight shoulder reactive bursitis, status post flu shot.” Ex. 4 at 5.
Accordingly, based on the evidence assessed by the IOM, as applied to
this case, respondent concedes that petitioner has established a
causation-in-fact case that her October 11, 2016 flu vaccination caused
her to develop bursitis and related sequelae. Therefore, based on the
record as it now stands, petitioner has satisfied all legal prerequisites for
compensation under the Act. See 42 U.S.C. § 300aa-13(a)(1); 42 U.S.C. §
300aa-11(c)(1)(D)(i).
Id. at 5.
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-01368-1
Date issued/filed: 2019-01-17
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 12/07/2018) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01368-UNJ Document 41 Filed 01/17/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1368V
Filed: December 7, 2018
UNPUBLISHED
MECHELLE HEAD,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury; Bursitis
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 28, 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 “right shoulder injuries” as a result of
her October 11, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On September 19, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for bursitis and related sequelae. On December 6, 2018,
respondent filed a proffer on award of compensation (“Proffer”) indicating petitioner
should be awarded $81,000.00. Proffer at 1. In the Proffer, respondent represented
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-01368-UNJ Document 41 Filed 01/17/19 Page 2 of 4
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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $81,000.00 in the form of a check payable to
petitioner, Mechelle Head. 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-01368-UNJ Document 41 Filed 01/17/19 Page 3 of 4
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MECHELLE HEAD,
Petitioner,
v. No. 17-1368V
Chief Special Master Nora Beth Dorsey
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On September 14, 2018, respondent filed his Rule 4(c) Report, in which he recommended
that the Court find petitioner entitled to compensation, and on September 19, 2018, the Court
entered its Ruling on Entitlement, finding petitioner entitled to compensation. Respondent now
proffers that petitioner receive an award of a lump sum of $81,000.00 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 with the proffered award of $81,000.00.2
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
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 pain and suffering, and future lost wages.
2 This proffer does not include any award for attorneys’ fees and costs that may be awarded
pursuant to 42 U.S.C. § 300aa-15(e).
1

Case 1:17-vv-01368-UNJ Document 41 Filed 01/17/19 Page 4 of 4
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
s/ RYAN D. PYLES
RYAN D. PYLES
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
Tel: (202) 616-9847
Dated: December 6, 2018
2