VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01606
Package ID: USCOURTS-cofc-1_17-vv-01606
Petitioner: Robin Hamlin
Filed: 2017-10-25
Decided: 2019-11-21
Vaccine: influenza
Vaccination date: 2016-11-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 40867

AI-assisted case summary:
Robin Hamlin filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 9, 2016 influenza vaccination. The Chief Special Master issued a ruling on entitlement on August 16, 2019, finding that the onset of petitioner’s left shoulder injury occurred within 48 hours of her vaccination. The respondent accepted this finding and concluded that petitioner suffered SIRVA as defined by the Vaccine Injury Table, meeting all legal prerequisites for compensation. On September 17, 2019, the respondent filed a proffer on award of compensation, recommending an award of $40,867.76, comprised of $40,000.00 for pain and suffering and $867.76 for past, unreimbursable medical expenses. Petitioner, identified as a competent adult, agreed with the proffered award. The court issued a decision awarding damages on November 21, 2019, granting the lump sum payment of $40,867.76.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01606-0
Date issued/filed: 2019-10-25
Pages: 4
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/31/2019) regarding 38 Findings of Fact & Conclusions of Law Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:17-vv-01606-UNJ Document 52 Filed 10/25/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1606V
Filed: July 31, 2019
UNPUBLISHED
ROBIN HAMLIN,
Petitioner, Special Processing Unit (SPU);
v. Findings of Fact; Onset; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND Related to Vaccine Administration
HUMAN SERVICES, (SIRVA)
Respondent.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
FINDINGS OF FACT1
Dorsey, Chief Special Master:
On October 25, 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 her November 9, 2016 influenza (“flu”)
vaccination. Petition at 1-3. 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).

Case 1:17-vv-01606-UNJ Document 52 Filed 10/25/19 Page 2 of 4
For the reasons discussed below, the undersigned finds the onset of petitioner’s
SIRVA occurred within 48 hours of vaccination. Specifically, petitioner suffered pain
within 48 hours of vaccination.
I. Relevant Procedural History
In support of her claim, petitioner filed medical records (Exs. 1-6) and her own
affidavit (Exs. 7) between November 6, 2016 and December 21, 2017. ECF Nos. 7, 10.
On July 11, 2018, respondent filed a status report indicating that he was interested in
pursuing informal settlements discussions with petitioner and requesting respondent’s
Rule 4(c) Report deadline remain suspended. ECF No. 22. The parties engaged in
informal settlement discussions between July 11, 2018 and December 14, 2018. See
ECF Nos. 22-28. On December 14, 2018, the parties’ counsel indicated they had
reached an impasse in their settlement discussions, and a deadline was set for the filing
of respondent’s Rule 4(c) Report. ECF No. 30.
Respondent filed his Rule 4(c) report on March 29, 2019. ECF No. 32. In this
report, respondent argues that petitioner has not met her burden of establishing that the
onset of her shoulder injury occurred within 48 hours of her November 9, 2016 flu
vaccination. Id. at 6.
Thereafter, the undersigned reviewed the evidence and determined that a fact
hearing or briefing would not be necessary. ECF No. 33. A deadline was set for
for the filing of a supplemental affidavit regarding onset by petitioner, and for the filing of
any additional evidence by the parties addressing onset. Id. In response, petitioner
filed her own supplemental affidavit on May 30, 2019. Ex. 9, ECF No. 37. No additional
filings were made by either party. The matter is now ripe for adjudication.
II. Issue
At issue is whether petitioner’s first symptom or manifestation of onset after
vaccine administration was within 48 hours as set forth in the Vaccine Injury Table. 42
C.F.R. § 100.3(a) XIV.B. (2017) (influenza vaccination). Additionally, the Qualifications
and aids to interpretation (“QAI”) for a Table SIRVA requires that a petitioner’s pain
occur within this same time frame, 48 hours. 42 C.F.R. § 100.3(c)(10).
III. Authority
Pursuant to Vaccine Act § 13(a)(1)(A), a petitioner must prove, by a
preponderance of the evidence, the matters required in the petition by Vaccine Act
§ 11(c)(1). A special master may find that the first symptom or manifestation of onset of
an injury occurred “within the time period described in the Vaccine Injury Table even
though the occurrence of such symptom or manifestation was not recorded or was
2

Case 1:17-vv-01606-UNJ Document 52 Filed 10/25/19 Page 3 of 4
incorrectly recorded as having occurred outside such period.” Vaccine Act § 13(b)(2).
“Such a finding may be made only upon demonstration by a preponderance of the
evidence that the onset [of the injury] . . . did in fact occur within the time period
described in the Vaccine Injury Table.” Id.
A special master must consider, but is not bound by, any diagnosis, conclusion,
judgment, test result, report, or summary concerning the nature, causation, and
aggravation of petitioner’s injury or illness that is contained in a medical record.
Vaccine Act § 13(b)(1). “Medical records, in general, warrant consideration as
trustworthy evidence. The records contain information supplied to or by health
professionals to facilitate diagnosis and treatment of medical conditions. With proper
treatment hanging in the balance, accuracy has an extra premium. These records are
also generally contemporaneous to the medical events.” Curcuras v. Sec’y of Health &
Human Servs., 993 F.2d 1525, 1528 (Fed. Cir. 1993).
IV. Finding of Fact
The undersigned makes the finding after a complete review of the record to
include all medical records, affidavits, respondent’s Rule 4 report, and additional
evidence filed. Specifically, the undersigned bases the finding on the following
evidence:
• Petitioner received a flu vaccination intramuscularly in her left deltoid on
November 9, 2016. Ex. 1 at 4
• On November 30, 2016, petitioner presented to Ormond Family Care
(“OFP”) at which time Tabith Oravetz, NP recorded that petitioner “has
been experiencing pain in her left deltoid after flu vaccine at Walgreens on
11/9/16, which is concerning patient.” Ex. 4 at 13. Ms. Orvatez indicated
that petitioner reported “‘pain at the site from a flu shot ~20 days ago . . . .’
No numbness but difficulty elevating complete ROM, denies cervical
trauma or fall, no other weakness/myalgias . . . . Paperwork provided to pt
to complete for ‘vaccination reaction' and will submit on her own.” Id. at
15.
• On February 6, 2017, petitioner presented again to Ms. Oravetz “for acute
complaints of left upper arm pain from a flu shot greater than one month
ago.” Id. at 10. Petitioner was referred for an EMG. Id. at 12.
• On February 20, 2017, petitioner presented to Amol Gupta, M.D., for an
EMG. Ex. 6 at 5. Dr. Gupta indicates that petitioner has a history of “left
arm discomfort” that she notes begin after a flu shot in the fall. Id. “She
developed discomfort during the injection but states as the day progressed
her pain increased. She has remained with left shoulder discomfort since
then.” Id.
• Petitioner presented to Savitha Kasturi, DO, at OFP on April 7, 2017 for a
follow-up in regard to her left shoulder pain “that has been present since
November 9, 2016 after getting a flu injection.” Ex. 4 at 7. Dr. Kasturi
assessed petitioner with “[p]ain in upper limb” which he indicated has been
“ongoing since flu vaccine administration.” Id.
3

Case 1:17-vv-01606-UNJ Document 52 Filed 10/25/19 Page 4 of 4
• On April 26, 2017, petitioner received an MRI with an indication noted for
“[l]eft shoulder pain following flu shot. Decreased range of motion.” Ex. 5
at 27.
Petitioner provided the following sworn affidavit testimony as to the onset of her
left shoulder pain: “[w]hen I received the vaccine I immediately felt pain in my left
shoulder. I experienced constant pain and throbbing which grew worse as the day went
on.” Ex. 9 at ¶ 2. Petitioner further averred that the pain continued thereafter and she
“had a very difficult time sleeping the night of November 9, 2016, because I couldn’t find
a comfortable, pain-free position to rest in and I would constantly roll onto my sore
shoulder.” Ex. 9 at ¶ 3. Petitioner testified that her pain continued to progress the next
day despite taking over the counter pain relievers. Ex. 9 at ¶4. Petitioner avers that her
“shoulder pain immediately started causing me problems with my daily activities” ex. 9
at ¶ 5, but she “tried to ‘tough out’ my shoulder pain” until her next scheduled primary
care appointment on November 30, 2016, as obtaining an appointment is difficult, ex. 9
at ¶6.
The above medical entries are consistent with petitioner’s affidavit testimony that
her left shoulder pain began at the time she received the flu vaccine on November 9,
2016. The undersigned finds the sworn testimony of petitioner to be credible and in
agreement with the contemporaneously created treatment records. As such, the
undersigned finds preponderant evidence that the onset of petitioner’s left shoulder
injury occurred within 48 hours of her November 9, 2016 flu vaccination.
V. Scheduling Order
Respondent shall file a status report by Friday, September 13, 2019,
indicating whether he is interested in further exploring an informal resolution of
petitioner’s case.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
4

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01606-1
Date issued/filed: 2019-11-08
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 8/16/2019) regarding 40 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:17-vv-01606-UNJ Document 53 Filed 11/08/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1606V
Filed: August 16, 2019
UNPUBLISHED
ROBIN HAMLIN,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Table Injury;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On October 25, 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 her November 9, 2016 influneza (“flu”)
vaccination. See Petition at 1-4. The case was assigned to the Special Processing Unit
of the Office of Special Masters. On July 31, 2019, the undersigned issued Findings of
Fact that “the onset of petitioner’s left shoulder injury occurred within 48 hours of her
November 9, 2016 flu vaccination.” Findings of Fact at 4.
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-01606-UNJ Document 53 Filed 11/08/19 Page 2 of 2
On August 14, 2019, respondent filed his Supplemental Rule 4(c) report in which
requests a ruling on the record. Respondent’s Rule 4(c) Report at 1. Specifically,
respondent indicates that “[w]hile preserving his right to appeal the Chief Special
Master’s July 31, 2019 finding that petitioner’s left arm pain began on the date of the
November 9, 2016 flu vaccination, respondent accepts this ruling as the law of the case
for purposes of further proceedings before the Chief Special Master.” Id. at 4.
Additionally, respondent notes
[i]n light of the Chief Special Master’s fact ruling, and medical record
evidence submitted in this case, DICP has concluded that petitioner
suffered SIRVA as defined by the Vaccine Injury Table. Specifically,
petitioner had no recent history of pain, inflammation, or dysfunction of her
left shoulder; the onset of pain occurred within 48 hours after receipt of an
intramuscular vaccination;3 the pain was limited to the shoulder in which the
vaccine was administered; and, no other condition or abnormality, has been
identified to explain petitioner’s left shoulder pain. 42 C.F.R. §§ 100.3(a),
(c)(10).
Id. at 5. Respondent further agrees that “petitioner suffered the residual effects of her
condition for more than six months. 42 U.S.C. § 300aa-11(c)(1)(D)(i).” Finally,
respondent indicates that “based on the record as it now stands and subject to his right
to appeal the Finding of Fact, respondent does not dispute that petitioner has satisfied
all legal prerequisites for compensation under the Act. 42 U.S.C. § 300aa-13.” 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
3 Respondent indicates that “[t]his criterion is met pursuant to the Chief Special Master’s July 31, 2019
Finding of Fact, and respondent does not waive his right to a potential appeal of this issue. In addition,
nothing in this Rule 4(c) Report constitutes a waiver of any defenses that respondent may assert in the
damages phase.” Respondent’s Rule 4(c) Report at FN. 2.

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DOCUMENT 3: USCOURTS-cofc-1_17-vv-01606-2
Date issued/filed: 2019-11-21
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/19/2019) regarding 44 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:17-vv-01606-UNJ Document 57 Filed 11/21/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1606V
Filed: September 19, 2019
UNPUBLISHED
ROBIN HAMLIN,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On October 25, 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 her November 9, 2016 influneza (“flu”)
vaccination. See Petition at 1-4. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On August 16, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On September 17, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $40,867.76
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-01606-UNJ Document 57 Filed 11/21/19 Page 2 of 4
(comprised of the following: $40,000.00 for pain and suffering and $867.76 for past,
unreimbursed medical 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 $40,867.76 (comprised of the following:
$40,000.00 for pain and suffering and $867.76 for past, unreimbursed medical
expenses) in the form of a check payable to petitioner, Robin Hamlin. 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-01606-UNJ Document 57 Filed 11/21/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ROBIN HAMLIN, )
)
Petitioner, )
) No. 17-1606V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On August 16, 2019, Chief Special Master Dorsey issued a Ruling on Entitlement,
finding that petitioner was entitled to vaccine compensation for her shoulder injury related to
vaccine administration (“SIRVA”). Based upon the evidence of record, respondent proffers that
petitioner should be awarded $40,867.76. The award is comprised of the following: $40,000.00
for pain and suffering and $867.76 for past, unreimbursed medical expenses. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C. §
300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $40,867.76, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:17-vv-01606-UNJ Document 57 Filed 11/21/19 Page 4 of 4
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
/s/ Mollie D. Gorney
MOLLIE D. GORNEY
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- 4029
mollie.d.gorney@usdoj.gov
Dated: September 17, 2019