VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01380
Package ID: USCOURTS-cofc-1_17-vv-01380
Petitioner: Jennifer Ginter
Filed: 2017-09-29
Decided: 2019-01-10
Vaccine: influenza
Vaccination date: 2016-10-04
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Jennifer Ginter filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2017, alleging that she suffered left shoulder injuries caused in fact by the adverse effects of an influenza vaccination she received on October 4, 2016. The petition stated that Ms. Ginter received the vaccination in the United States, suffered residual effects of her injuries for more than six months, and had not received compensation for her alleged vaccine-caused injuries. The case was assigned to the Special Processing Unit. On November 20, 2018, the respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on Award of Compensation, conceding that Ms. Ginter was entitled to compensation. The respondent specifically concluded that Ms. Ginter suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table and agreed that she had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Ginter entitled to compensation. Subsequently, on January 10, 2019, a decision awarding damages was issued. The respondent's Rule 4 Report and Proffer indicated that Ms. Ginter should be awarded $55,000.00 for her actual and projected pain and suffering, and represented that Ms. Ginter agreed with this proffered award. The Chief Special Master awarded Ms. Ginter a lump sum payment of $55,000.00, representing compensation for her actual and projected pain and suffering, payable by check to Jennifer Ginter. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jennifer Ginter alleged that an influenza vaccination received on October 4, 2016, caused left shoulder injuries. The respondent conceded that petitioner suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case proceeded based on the respondent's concession. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 20, 2018, and awarded damages on January 10, 2019. The award was a lump sum of $55,000.00 for actual and projected pain and suffering, to which petitioner agreed. Petitioner was represented by Maximillian J. Muller, and respondent was represented by Robert Paul Coleman, III.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01380-0
Date issued/filed: 2019-01-09
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/20/2018) regarding 32 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01380-UNJ Document 36 Filed 01/09/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1380V
Filed: November 20, 2018
UNPUBLISHED
JENNIFER GINTER,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 29, 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 left shoulder injuries caused in fact
by the adverse effects of the influenza vaccination she received on October 4, 2016.
Petition at ¶¶ 2, 15. Petitioner further alleges that she received the vaccination in the
United States, suffered the residual effects of her injuries for more than six months, and
that neither she nor any other party has received compensation for her injuries, alleged
1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This
means the ruling 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 ruling 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-01380-UNJ Document 36 Filed 01/09/19 Page 2 of 2
as vaccine caused. Id. at ¶¶ 2, 15-16. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 20, 2018, respondent filed a combined Rule 4(c) Report and
Proffer on Award of Compensation in which he concedes that petitioner is entitled to
compensation in this case. Respondent’s Rule 4(c) Report and Proffer at 1.
Specifically, respondent “has concluded that petitioner suffered SIRVA as defined by
the Vaccine Injury Table.” Id. at 2. Respondent further agrees that “based on the
records as it now stands, petitioner has satisfied all legal prerequisites for compensation
under the Act.” Id. at 3.
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-01380-1
Date issued/filed: 2019-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 11/20/2018) regarding 33 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01380-UNJ Document 37 Filed 01/10/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1380V
Filed: November 20, 2018
UNPUBLISHED
JENNIFER GINTER,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On September 29, 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 left shoulder injuries caused in fact
by the adverse effects of the influenza vaccination she received on October 4, 2016.
Petition at ¶¶ 2, 15. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
On November 20, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her SIRVA. On November 20, 2018, respondent filed a
combined Rule 4 report and proffer on award of compensation (“Rule 4 Report and
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-01380-UNJ Document 37 Filed 01/10/19 Page 2 of 2
Proffer”)3 indicating petitioner should be awarded $55,000.00, representing
compensation for petitioner’s actual and projected pain and suffering. Rule 4 Report
and Proffer at 3. In 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. Id.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $55,000.00, representing compensation for
petitioner’s actual and projected pain and suffering in the form of a check payable
to petitioner, Jennifer Ginter. 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.4
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 The combined Rule 4 report and proffer contains information regarding petitioner’s personal medical
history which is not generally included in a proffer, when separately filed. Thus, the undersigned will not
attach the proffer to the decision in this case.
4 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