VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00159
Package ID: USCOURTS-cofc-1_18-vv-00159
Petitioner: Ami Neil
Filed: 2018-01-31
Decided: 2019-05-01
Vaccine: influenza
Vaccination date: 2016-09-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Ami Neil filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 17, 2016. The case was assigned to the Special Processing Unit. On March 7, 2019, the respondent filed a report conceding that the petitioner was entitled to compensation. The respondent stated that the Division of Injury Compensation Programs concluded that the petitioner's alleged injury was consistent with SIRVA, that the evidence established SIRVA was caused-in-fact by the flu vaccination received on September 17, 2016, and that no other causes were identified. The respondent also agreed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement finding the petitioner entitled to compensation. Subsequently, on March 8, 2019, a decision awarding damages was issued. The respondent filed a combined Rule 4 report/proffer on award of compensation, indicating the petitioner should be awarded $85,000.00, and represented that the petitioner agreed with this proffered award. The Chief Special Master found that the petitioner was entitled to an award as stated in the proffer. Pursuant to the terms in the proffer, the Chief Special Master awarded Ami Neil a lump sum payment of $85,000.00, payable by check to the petitioner. This amount represents compensation for all damages available under the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Ami Neil alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 17, 2016. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, caused-in-fact by the vaccination, and that no other causes were identified. The respondent also confirmed satisfaction of the statutory six-month sequela requirement. The case falls under the "Table" category for SIRVA. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No specific medical experts were named in the public text. The parties stipulated to an award of $85,000.00 for all damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued the ruling on entitlement on March 8, 2019, and the decision awarding damages on May 1, 2019. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Ryan Daniel Pyles.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00159-0
Date issued/filed: 2019-05-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 03/08/2019) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00159-UNJ Document 36 Filed 05/01/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0159V
Filed: March 8, 2019
UNPUBLISHED
AMI NEIL,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On January 31, 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 received on September
17, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 7, 2019, 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 the Division of Injury Compensation Programs,
Department of Health and Human Services “has concluded that petitioner’s alleged
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 1:18-vv-00159-UNJ Document 36 Filed 05/01/19 Page 2 of 2
injury is consistent with SIRVA; that a preponderance of evidence establishes that her
SIRVA was caused-in-fact by the flu vaccination that she received on September 17,
2016; and that no other causes for petitioner’s SIRVA were identified.” Id. at 2.
Respondent further agrees that “the statutory six month sequela requirement has been
satisfied.” 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-00159-1
Date issued/filed: 2019-05-01
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/08/2019) regarding 27 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00159-UNJ Document 37 Filed 05/01/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0159V
Filed: March 8, 2019
UNPUBLISHED
AMI NEIL,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On January 31, 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 received on September
17, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 8, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for SIRVA. On March 7, 2019, respondent filed a combined Rule 4
report/proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner should
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-00159-UNJ Document 37 Filed 05/01/19 Page 2 of 2
be awarded $85,000.00. Proffer at 3. In the Proffer, respondent 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. Id.
Pursuant to the terms stated in the Proffer, the undersigned awards petitioner
a lump sum payment of $85,000.00 in the form of a check payable to petitioner,
Ami Neil. 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