VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00495
Package ID: USCOURTS-cofc-1_18-vv-00495
Petitioner: Beth Raiter
Filed: 2018-04-04
Decided: 2019-10-11
Vaccine: influenza
Vaccination date: 2015-09-10
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Beth Raiter filed a petition for compensation on April 4, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 10, 2015. The case was assigned to the Special Processing Unit. On April 23, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that she satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 23, 2019, finding Ms. Raiter entitled to compensation. Subsequently, on May 30, 2019, the respondent filed a proffer on award of compensation, proposing an award of $67,500.00, to which the petitioner agreed. On October 11, 2019, Chief Special Master Dorsey issued a decision awarding damages, granting Ms. Raiter a lump sum payment of $67,500.00 in the form of a check payable to her, representing compensation for all damages available under § 15(a). Petitioner was represented by Howard Dale Mishkind of Mishkind Law Firm Co., L.P.A., and the respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The decision was unpublished.

Theory of causation field:
Petitioner Beth Raiter alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 10, 2015. The respondent conceded that the claim met the Table criteria for SIRVA and that all legal prerequisites for compensation were satisfied. The case proceeded to a ruling on entitlement, issued by Chief Special Master Nora Beth Dorsey on April 23, 2019, finding petitioner entitled to compensation. Subsequently, a stipulation/proffer was filed on May 30, 2019, by respondent, proposing an award of $67,500.00, which petitioner accepted. Chief Special Master Dorsey issued a decision awarding damages on October 11, 2019, granting a lump sum payment of $67,500.00 to petitioner. Petitioner was represented by Howard Dale Mishkind, and respondent by Christine Mary Becer. The specific mechanism of injury and expert testimony were not detailed in the provided public text, as the case was resolved via concession and stipulation based on the Table injury criteria for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00495-0
Date issued/filed: 2019-07-03
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/23/2019) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00495-UNJ Document 30 Filed 07/03/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0495V
Filed: April 23, 2019
UNPUBLISHED
BETH RAITER,
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.
Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Beachwood, Ohio, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 4, 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 the Table injury of shoulder injury related to
vaccine administration (“SIRVA”) after receiving an influenza vaccination on September
10, 2015. Petition at ¶¶ 2-3. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 23, 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 has “concluded that petitioner’s claim meets the Table
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.

Case 1:18-vv-00495-UNJ Document 30 Filed 07/03/19 Page 2 of 2
criteria for SIRVA.” Id. at 3. Respondent further agrees that petitioner has satisfied all
legal prerequisites for compensation under the Vaccine Act. Id. at 4.
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-00495-1
Date issued/filed: 2019-10-11
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 5/31/19) regarding 26 DECISION Stipulation/Proffer, Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00495-UNJ Document 36 Filed 10/11/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0495V
Filed: May 31, 2019
UNPUBLISHED
BETH RAITER,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on Proffer;
v.
Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Howard Dale Mishkind, Mishkind Law Firm Co., L.P.A., Beachwood, Ohio, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 4, 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 the Table injury of shoulder injury related to
vaccine administration (“SIRVA”) after receiving an influenza vaccination on September
10, 2015. Petition at ¶¶ 2-3. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On April 23, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. On May 30, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $67,500.00. 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.
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.

Case 1:18-vv-00495-UNJ Document 36 Filed 10/11/19 Page 2 of 4
Pursuant to the terms stated in the attached Proffer, the undersigned awards
petitioner a lump sum payment of $67,500.00 in the form of a check payable to
petitioner, Beth Raiter. 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-00495-UNJ Document 36 Filed 10/11/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
BETH RAITER, )
)
Petitioner, )
) No. 18-495V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 23, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on April 23, 2019, the Chief Special
Master issued a Ruling on Entitlement.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$67,500.00 which represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a).1 Petitioner agrees.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $67,500.00 in the form of a check payable to petitioner.
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:18-vv-00495-UNJ Document 36 Filed 10/11/19 Page 4 of 4
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/Christine Mary Becer
CHRISTINE MARY BECER
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) 616-3665
Date: May 30, 2019
2