VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00055
Package ID: USCOURTS-cofc-1_18-vv-00055
Petitioner: Donna Callaway
Filed: 2018-10-30
Decided: 2019-08-07
Vaccine: influenza
Vaccination date: 2015-10-31
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 108089

AI-assisted case summary:
Donna Callaway filed a petition for compensation under the National Vaccine Injury Compensation Program on January 10, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) in her left shoulder as a result of an influenza vaccination administered on October 31, 2015. The case was assigned to the Special Processing Unit. On October 29, 2018, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 30, 2018, finding petitioner entitled to compensation. Subsequently, on April 30, 2019, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $108,089.46 and that petitioner agreed with this amount. On August 7, 2019, Chief Special Master Dorsey issued a decision awarding damages, granting petitioner a lump sum payment of $108,089.46, payable by check to Donna Callaway. This amount was stated to represent compensation for all available damages. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Jeffrey T. Sprague of the U.S. Department of Justice. The decision was unpublished.

Theory of causation field:
Petitioner Donna Callaway alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) in her left shoulder following an influenza vaccination on October 31, 2015. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case proceeded to an award of damages based on a proffer agreed to by both parties. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 30, 2018, and a decision awarding damages on August 7, 2019. Petitioner was awarded a lump sum of $108,089.46. Petitioner was represented by John Robert Howie (Howie Law, PC), and respondent was represented by Jeffrey T. Sprague (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00055-0
Date issued/filed: 2018-12-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/30/2018) regarding 19 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00055-UNJ Document 23 Filed 12/12/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-00055V
Filed: October 30, 2018
UNPUBLISHED
DONNA CALLAWAY,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 10, 2018, 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”) in her left shoulder as a result of an influenza vaccination
administered on October 31, 2015. 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).

Case 1:18-vv-00055-UNJ Document 23 Filed 12/12/18 Page 2 of 2
On October 29, 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 a
shoulder injury related to vaccine administration (“SIRVA”) as defined on the Vaccine
Injury Table.” Id. at 4-5. 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_18-vv-00055-1
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 04/30/2019) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00055-UNJ Document 41 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0055V
Filed: April 30, 2019
UNPUBLISHED
DONNA CALLAWAY,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 10, 2018, 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 vaccination administered
on October 31, 2015. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On October 30, 2018, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On April 30, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $108,089.46.
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 1:18-vv-00055-UNJ Document 41 Filed 08/07/19 Page 2 of 2
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 $108,089.46 in the form of a check payable to
petitioner, Donna Callaway. 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