VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01413
Package ID: USCOURTS-cofc-1_17-vv-01413
Petitioner: Cynthia Levin
Filed: 2017-10-03
Decided: 2018-10-29
Vaccine: influenza
Vaccination date: 2016-10-05
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 116000

AI-assisted case summary:
Cynthia Levin filed a petition on October 3, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on October 5, 2016, she received an influenza vaccine and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 4, 2018, conceding that Ms. Levin's injury was consistent with SIRVA and met the requirements of a Table injury. The respondent also agreed that Ms. Levin had satisfied all legal prerequisites for compensation. On June 7, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Levin eligible for compensation based on the respondent's concession and the evidence of record. Subsequently, on September 24, 2018, the respondent filed a proffer on award of compensation. The proffer recommended an award of $116,000.00, comprising $115,000.00 for past and future pain and suffering and $1,000.00 for past unreimbursed expenses. The proffer stated that the petitioner agreed with this proposed award. On October 29, 2018, Chief Special Master Dorsey issued a decision awarding damages, granting Ms. Levin a lump sum payment of $116,000.00, payable by check to Cynthia Levin. This amount was intended to compensate for all damages available under the Vaccine Act. Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Cynthia Levin alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 5, 2016. The respondent conceded that the injury was consistent with SIRVA and qualified as a Table injury. The case proceeded to an entitlement ruling on June 7, 2018, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A subsequent proffer on award of compensation, filed by respondent on September 24, 2018, recommended $116,000.00, consisting of $115,000.00 for past and future pain and suffering and $1,000.00 for past unreimbursed expenses. Petitioner agreed to this award. Chief Special Master Dorsey issued a decision awarding damages on October 29, 2018. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories, relying instead on the respondent's concession of a Table injury. Attorneys for petitioner were Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, and for respondent was Darryl R. Wishard, U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01413-0
Date issued/filed: 2018-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 06/07/2018) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01413-UNJ Document 24 Filed 09/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1413V
Filed: June 7, 2018
UNPUBLISHED
CYNTHIA LEVIN,
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.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 3, 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, as a result of receiving the influenza (“flu”)
vaccine on October 5, 2016, she suffered from a right shoulder injury related to vaccine
administration (“SIRVA”). Petition at 1-2. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On June 4, 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 concluded that petitioner’s alleged injury is consistent with
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-01413-UNJ Document 24 Filed 09/19/18 Page 2 of 2
a SIRVA and meets the requirements of a Table injury. Id. at 5. Respondent further
agrees that petitioner has satisfied all legal prerequisites for compensation 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-01413-1
Date issued/filed: 2018-10-29
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/25/2018) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01413-UNJ Document 31 Filed 10/29/18 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1413V
Filed: September 25, 2018
UNPUBLISHED
CYNTHIA LEVIN,
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.
Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 3, 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 an influenza (“flu”) vaccination administered on
October 5, 2016. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On June 7, 2018, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On September 24, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $116,000.00
consisting of $115,000.00 for past and future pain and suffering, and $1,000.00 for past
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-01413-UNJ Document 31 Filed 10/29/18 Page 2 of 5
unreimbursed expenses. Proffer at 2. 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.
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $116,000.00 in the form of a check payable to
petitioner, Cynthia Levin. 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-01413-UNJ Document 31 Filed 10/29/18 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CYNTHIA LEVIN, )
)
Petitioner, ) No. 17-1413V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On October 3, 2017, Cynthia Levin (“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
October 5, 2016, she suffered from a right shoulder injury related to vaccine administration
(“SIRVA”), which is an injury listed on the Vaccine Injury Table (“Table”) for the flu vaccine.2
Petition at 1-2. On June 4, 2018, respondent filed his Vaccine Rule 4(c) report, conceding
entitlement to compensation for a right SIRVA. On June 7, 2018, the Chief Special Master
issued a ruling on entitlement, finding that petitioner was entitled to compensation for a Table
injury of SIRVA.
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.
2 The Table is located at 42 C.F.R. § 100.3.

Case 1:17-vv-01413-UNJ Document 31 Filed 10/29/18 Page 4 of 5
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,
respondent proffers that petitioner should be awarded $115,000.00 for past and future
pain/suffering, and $1,000.00 for past unreimbursed expenses, for a total of $116,000.00. 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 $116,000.00, in the form of a check payable to petitioner.3
Petitioner agrees.
Respectfully submitted,
JOSEPH H. HUNT
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
3 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-01413-UNJ Document 31 Filed 10/29/18 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: September 24, 2018 Fax: (202) 616-4310
3