VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01420
Package ID: USCOURTS-cofc-1_17-vv-01420
Petitioner: Audrea Dale
Filed: 2017-10-03
Decided: 2019-09-04
Vaccine: influenza
Vaccination date: 2016-11-17
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 102297

AI-assisted case summary:
Audrea Dale filed a petition for compensation on October 3, 2017, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 17, 2016. The respondent conceded that her injury was consistent with SIRVA, a Table injury, noting she had no prior shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, and her symptoms were limited to the vaccinated shoulder. Based on this concession and the evidence, the court issued a ruling on entitlement finding her eligible for compensation. Subsequently, on June 17, 2019, the respondent filed a proffer on award of compensation, stating that Audrea Dale should receive $102,297.72, which included $97,500.00 for pain and suffering, $1,608.93 in lost wages, and $3,188.79 in out-of-pocket expenses. Petitioner agreed with this proffered award. The court accepted the proffer and awarded Audrea Dale the lump sum of $102,297.72.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01420-0
Date issued/filed: 2018-12-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 11/02/2018) regarding 33 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01420-UNJ Document 37 Filed 12/19/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1420V
Filed: November 2, 2018
UNPUBLISHED
AUDREA DALE,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
Jessica Anne Olins, 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 October 3, 2017, Audrea Dale (“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 left shoulder injury
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she
received on November 17, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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).
1

Case 1:17-vv-01420-UNJ Document 37 Filed 12/19/18 Page 2 of 2
On November 2, 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’s alleged injury is
consistent with SIRVA, as defined on the Vaccine Injury Table. Specifically, petitioner
had no history of pain, inflammation or dysfunction in her left shoulder; her pain and
reduced range of motion occurred within 48 hours of receipt of an intramuscular
vaccination; her symptoms were limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality was identified to explain her
symptoms.” Id. at 4.
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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01420-1
Date issued/filed: 2019-09-04
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 06/17/2019) regarding 50 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01420-UNJ Document 55 Filed 09/04/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1420V
Filed: June 17, 2019
UNPUBLISHED
AUDREA DALE,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Jessica Olins, 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 October 3, 2017, Audrea Dale (“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 left shoulder injury
related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she
received on November 17, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On November 2, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On June 17, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $102,297.72
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-01420-UNJ Document 55 Filed 09/04/19 Page 2 of 4
(representing $97,500.00 for pain and suffering, $1,608.93 in lost wages, and $3,188.79
in out-of-pocket expenses). Proffer at 1. In the Proffer, respondent represented that
petitioner agrees with the proffered award. Id. 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 $102,297.72, (representing $97,500.00 for pain
and suffering, $1,608.93 in lost wages, and $3,188.79 in out-of-pocket expenses).
in the form of a check payable to petitioner, Audrea Dale. 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-01420-UNJ Document 55 Filed 09/04/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
AUDREA DALE, )
)
Petitioner, ) No. 17-1420V
) Chief Special Master
v. ) Nora Beth Dorsey
) ECF
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On November 2, 2018, respondent filed her Rule 4(c) Report, in which she
conceded entitlement. On November 2, 2018, the Court issued a Ruling on Entitlement,
finding that petitioner is entitled to compensation for her left shoulder injury. Based on
the evidence in the record, respondent proffers that petitioner receive an award of a lump
sum of $102,297.72 (including $97,500.00 for pain and suffering, $1,608.93 in lost
wages, and $3,188.79 in out-of-pocket expenses) 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. 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 is a competent adult. Evidence of guardianship is not required in this
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-01420-UNJ Document 55 Filed 09/04/19 Page 4 of 4
case.
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
HEATHER L. PEARLMAN
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
Telephone: (202) 616-4098
Dated: June 17, 2019