VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01655
Package ID: USCOURTS-cofc-1_17-vv-01655
Petitioner: Katie Reaves
Filed: 2017-11-02
Decided: 2018-10-31
Vaccine: influenza
Vaccination date: 2016-10-05
Condition: left-sided shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75568

AI-assisted case summary:
Katie Reaves filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her receipt of an influenza vaccine on October 5, 2016, caused her to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner was entitled to compensation, stating that she suffered bursitis in her left shoulder caused by the flu vaccine and that the sequelae of her injury lasted more than six months. A ruling on entitlement was issued on September 21, 2018, finding her entitled to compensation. Subsequently, on September 28, 2018, the respondent filed a proffer on award of compensation, recommending an award of $75,568.10, comprised of $75,000.00 for pain and suffering and $568.10 for past out-of-pocket medical expenses. The petitioner, identified as a competent adult, agreed with the proffered award. A decision awarding damages was issued on October 31, 2018, granting the lump sum payment of $75,568.10 to Katie Reaves.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01655-0
Date issued/filed: 2018-10-24
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/21/2018) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01655-UNJ Document 35 Filed 10/24/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1655V
Filed: September 21, 2018
UNPUBLISHED
KATIE REAVES,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Causation-In-Fact; Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH Vaccine Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Jessica Anne Olins, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 1, 2017, Katie Reaves (“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 her receipt of an
influenza (“flu”) vaccine on October 5, 2016, caused her to suffer a left-sided shoulder
injury to vaccine administration (“SIRVA”). Petition at 1-2. The case was assigned to
the Special Processing Unit of the Office of Special Masters.
On September 21, 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 suffered bursitis in her
left shoulder, and that it was caused-in-fact by the flu vaccine she received on October
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).
1

Case 1:17-vv-01655-UNJ Document 35 Filed 10/24/18 Page 2 of 2
5, 2016.” Id. at 3. Respondent further agrees that “the records show that petitioner
suffered the sequelae of her injury for more than six months” and that “petitioner has
met the statutory requirements for compensation.” 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
2

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-01655-1
Date issued/filed: 2018-10-31
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/28/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01655-UNJ Document 36 Filed 10/31/18 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1655V
Filed: September 28, 2018
UNPUBLISHED
KATIE REAVES,
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.
Jessica Anne Olins, Maglio Christopher and Toale, PA, Washington, DC, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 2, 2017, Katie Reaves (“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 her receipt of an
influenza (“flu”) vaccine on October 5, 2016, caused her to suffer a left-sided 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 September 21, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On September 28, 2018, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$75,568.10. Proffer at 1. The award is comprised of $75,000.00 for pain and suffering
and $568.10 for past out-of-pocket medical expenses. Id. In the Proffer, respondent
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-01655-UNJ Document 36 Filed 10/31/18 Page 2 of 4
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 $75,568.10, (comprised of $75,000 for pain and
suffering and $568.10 for past out-of-pocket expenses in the form of a check
payable to petitioner, Katie Reaves. 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-01655-UNJ Document 36 Filed 10/31/18 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KATIE REAVES,
)
)
Petitioner,
) No. 17-1655V
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 September 21, 2018, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on
Entitlement later that day, finding that petitioner was entitled to vaccine compensation for her
left-sided shoulder injury. Based upon the evidence of record, respondent proffers that petitioner
should be awarded $75,568.10. The award is comprised of $75,000.00 for pain and suffering
and $568.10 for past out of pocket 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.

Case 1:17-vv-01655-UNJ Document 36 Filed 10/31/18 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $75,568.10, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this 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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ Traci R. Patton
TRACI R. PATTON
Senior 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) 353-1589
Dated: September 28, 2018
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 lost earnings
and future pain and suffering.