VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01872
Package ID: USCOURTS-cofc-1_17-vv-01872
Petitioner: Sara Zutter
Filed: 2017-12-04
Decided: 2019-01-15
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Sara Zutter filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA and met the requirements of a Table injury claim. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement, finding Sara Zutter entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, with the respondent recommending an award of $82,500.00. This amount represented $80,000.00 for pain and suffering and $2,500.00 for unreimbursed medical expenses. The petitioner agreed with the proffered award. The court issued a decision awarding Sara Zutter a lump sum payment of $82,500.00, representing compensation for all damages available under the Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01872-0
Date issued/filed: 2018-10-23
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/16/2018) regarding 31 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01872-UNJ Document 36 Filed 10/23/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1872V
Filed: August 16, 2018
UNPUBLISHED
SARA ZUTTER,
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.
Ann Mayhew Golski, Maglio Christopher and 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 December 4, 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”) after receiving an influenza vaccine on September 30, 2016.
Petition at ¶¶1, 4. The petitioner also alleges that neither she nor any other party has
ever brought an action or received compensation in the form of an award of settlement
for her vaccine-related injuries. Id. at ¶¶15, 16. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
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-01872-UNJ Document 36 Filed 10/23/18 Page 2 of 2
On August 16, 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 “concluded that petitioner’s alleged injury is consistent
with SIRVA of the left arm and that it meets the requirements of a Table injury claim for
SIRVA stemming from the flu vaccination on September 30, 2016.” Id. at 4.
Respondent further agrees that “petitioner has satisfied all legal prerequisites for
compensation under the Act.” Id at 5.
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-01872-1
Date issued/filed: 2019-01-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/29/2018) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01872-UNJ Document 45 Filed 01/15/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1872V
Filed: November 29, 2018
UNPUBLISHED
SARA ZUTTER,
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.
Brenton Aaron Elswick, Maglio Christopher & Toale, Seattle, WA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On December 4, 2017, petitioner filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq., (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza vaccine on September 30, 2016.
Petition at ¶¶1, 4. The petitioner also alleges that neither she nor any other party has
ever brought an action or received compensation in the form of an award of settlement
for her vaccine-related injuries. Id. at ¶¶15, 16. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On August 16, 2018, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On November 29, 2018, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $82,500.00,
representing $80,000.00 for pain and suffering and $2,500.00 for unreimbursed medical
expenses. Proffer at 1-2. In the Proffer, respondent represented that petitioner agrees
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).

Case 1:17-vv-01872-UNJ Document 45 Filed 01/15/19 Page 2 of 4
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 $82,500.00, representing $80,000.00 for pain
and suffering and $2,500.00 for unreimbursed medical expenses, in the form of a
check payable to petitioner, Sara Zutter. 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.2
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2 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-01872-UNJ Document 45 Filed 01/15/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
SARA ZUTTER, )
)
Petitioner, ) No. 17-1872V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On December 4, 2017, Sara Zutter (“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
September 30, 2016, she suffered from a left shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1-4. On August 16, 2018, respondent filed his Vaccine Rule 4(c) report,
conceding that petitioner’s alleged injury meets the Table criteria for SIRVA. On August 16,
2018, the Chief Special Master issued a ruling on entitlement, finding that petitioner was entitled
to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $82,500.00 ($80,000.00 for pain and suffering, and $2,500.00 for unreimbursed
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:17-vv-01872-UNJ Document 45 Filed 01/15/19 Page 4 of 4
medical expenses) for all damages. 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 $82,500.00, in the form of a check payable to petitioner.2
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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/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: November 29, 2018 Fax: (202) 616-4310
2 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