VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00160
Package ID: USCOURTS-cofc-1_18-vv-00160
Petitioner: Nga Hong Jones
Filed: 2019-02-01
Decided: 2019-05-01
Vaccine: influenza
Vaccination date: 2016-10-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 53500

AI-assisted case summary:
Nga Hong Jones filed a petition for vaccine injury compensation on January 31, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 6, 2016. The respondent filed a Rule 4(c) report on January 30, 2019, conceding entitlement to compensation. The respondent noted that SIRVA is a Table injury and that Ms. Jones met the criteria, including pain occurring within 48 hours after vaccination, residual effects lasting more than six months, and no other identified cause for the shoulder pain. The Chief Special Master, Nora Beth Dorsey, issued a Ruling on Entitlement on February 1, 2019, finding Ms. Jones entitled to compensation. Subsequently, on March 12, 2019, the respondent filed a proffer recommending an award of $53,500.00 for past and future pain and suffering, which Ms. Jones agreed to. Ms. Jones is a competent adult. Chief Special Master Dorsey issued a decision on May 1, 2019, awarding Ms. Jones a lump sum payment of $53,500.00, payable by check to her. This amount represents compensation for all damages available under § 15(a). Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Meredith Burns Healy of the U.S. Department of Justice.

Theory of causation field:
Petitioner Nga Hong Jones alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 6, 2016, influenza vaccination. Respondent conceded entitlement, agreeing that SIRVA is a Table injury. The criteria met included pain within 48 hours of vaccination, pain limited to the shoulder of administration, residual effects lasting over six months, and no other identified cause for the shoulder pain. The public decision does not describe the specific mechanism of injury or name any medical experts. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 1, 2019, and a Decision Awarding Damages on May 1, 2019. The award was a lump sum of $53,500.00, payable to petitioner, representing past and future pain and suffering. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Meredith Burns Healy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00160-0
Date issued/filed: 2019-03-13
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/01/2019) regarding 24 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00160-UNJ Document 30 Filed 03/13/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0160V
Filed: February 1, 2019
UNPUBLISHED
NGA HONG JONES,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Meredith Burns Healy, 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 her October 6, 2016 influenza (“flu”)
vaccination. 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-00160-UNJ Document 30 Filed 03/13/19 Page 2 of 2
On January 30, 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 notes that it is his position that “petitioner has satisfied the
criteria for SIRVA set forth in the recently revised Vaccine Injury Table (“Table”) and the
Qualifications and Aids to Interpretation (“QAI”), which afford petitioner a presumption of
causation if petitioner had no recent history of pain, inflammation, or dysfunction of her
left shoulder, pain occurred within 48 hours after receipt of an intramuscularly-
administered vaccination, pain was limited to the shoulder in which the vaccine was
administered, and no condition or abnormality . . . has been identified to explain
petitioner’s shoulder pain.” Id. at 4. Respondent further agrees that petitioner suffered
the residual effects of her condition for more than six months and that she 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-00160-1
Date issued/filed: 2019-05-01
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/13/2019) 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-00160-UNJ Document 40 Filed 05/01/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0160V
Filed: March 13, 2019
UNPUBLISHED
NGA HONG JONES,
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.
Meredith Burns Healy, 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 left shoulder injury related to
vaccine administration (“SIRVA”) following the receipt of an influenza (“flu”) vaccination
administered on October 6, 2016. Petition at 1. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On February 1, 2019, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On March 12, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $53,500.00.
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-00160-UNJ Document 40 Filed 05/01/19 Page 2 of 4
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 $53,500.00 in the form of a check payable to
petitioner, Nga Hong Jones. 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 1:18-vv-00160-UNJ Document 40 Filed 05/01/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
NGA HONG JONES,
Petitioner, No. 18-160V
Chief Special Master Dorsey
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 31, 2018, Nga Hong Jones (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered a left shoulder injury related to vaccine administration
(“SIRVA”), a Table injury, following receipt of an influenza (“flu”) vaccination administered on
October 6, 2016. Respondent filed his Rule 4(c) Report conceding entitlement to compensation
on January 30, 2019. The Chief Special Master issued a Ruling on Entitlement on February 1,
2019.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$53,500.00 for her past and future pain and suffering. This represents all elements of
compensation to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a).1 Petitioner
agrees.
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 damages.
1

Case 1:18-vv-00160-UNJ Document 40 Filed 05/01/19 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $53,500.00 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/ Meredith B. Healy
MEREDITH B. HEALY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: 202.616.4187
DATED: March 12, 2019 E-mail: meredith.b.healy@usdoj.gov
2 Petitioner is a competent adult. Proof of guardianship is not required in this case.
2