VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00572
Package ID: USCOURTS-cofc-1_18-vv-00572
Petitioner: Becky Eedy
Filed: 2018-04-20
Decided: 2019-11-18
Vaccine: influenza (flu)
Vaccination date: 2016-10-24
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125897

AI-assisted case summary:
Becky Eedy filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2018, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 24, 2016. The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. The respondent agreed that the petitioner had no prior history of shoulder issues that would explain the symptoms, that the onset of pain likely occurred within 48 hours of the vaccine, that symptoms were limited to the vaccinated shoulder, and that no other condition explained the symptoms. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 10, 2019, finding Ms. Eedy entitled to compensation. Subsequently, on September 3, 2019, the respondent filed a proffer on the award of compensation, proposing an award of $125,897.30. The petitioner agreed to this amount. On November 18, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Becky Eedy a lump sum payment of $125,897.30, payable by check to Ms. Eedy. This award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Glenn Alexander MacLeod of the U.S. Department of Justice. The public decision does not describe the specific onset, symptoms, diagnostic studies, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Becky Eedy alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 24, 2016. The respondent conceded that the claim met the Table criteria for SIRVA. The respondent's concession included that the petitioner had no prior shoulder issues, pain onset was within 48 hours of vaccination, symptoms were localized to the vaccinated shoulder, and no other condition explained the symptoms. Chief Special Master Nora Beth Dorsey ruled on entitlement on April 10, 2019, finding Ms. Eedy entitled to compensation. A subsequent proffer on award of compensation was filed by the respondent on September 3, 2019, proposing $125,897.30, which petitioner accepted. Chief Special Master Dorsey awarded this amount as a lump sum on November 18, 2019. The public text indicates a Table injury theory for SIRVA, but does not detail specific medical experts, mechanisms, or evidence beyond the respondent's concession. Attorneys for petitioner were Maximillian J. Muller and for respondent was Glenn Alexander MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00572-0
Date issued/filed: 2019-06-21
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/10/2019) 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-00572-UNJ Document 27 Filed 06/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0572V
Filed: April 10, 2019
UNPUBLISHED
BECKY EEDY,
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.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On April 20, 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 right shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccination she received on
October 24, 2016. 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-00572-UNJ Document 27 Filed 06/21/19 Page 2 of 2
On April 5, 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 criteria
for SIRVA.” Id. at 6. Respondent further agrees that petitioner had no history of pain,
inflammation or dysfunction of the affected shoulder that would explain the alleged
signs, symptoms, examination findings, and/or diagnostic studies occurring after
vaccine injection; the onset of petitioner’s pain likely occurred within 48 hours of vaccine
administration; her symptoms were limited to the shoulder in which the vaccine was
administered; and there is no other condition or abnormality present that would explain
petitioner’s symptoms . 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-00572-1
Date issued/filed: 2019-11-18
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/03/2019) regarding 34 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00572-UNJ Document 43 Filed 11/18/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0572V
Filed: September 3, 2019
UNPUBLISHED
BECKY EEDY,
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.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On April 20, 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 right shoulder injury related to vaccine
administration (“SIRVA”) as the result of an influenza (“flu”) vaccination she received on
October 24, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 10, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On September 3, 2019, respondent filed a proffer on award
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-00572-UNJ Document 43 Filed 11/18/19 Page 2 of 4
of compensation (“Proffer”) indicating petitioner should be awarded $125,897.30.
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 $125,897.30 in the form of a check payable to
petitioner, Becky Eedy. 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-00572-UNJ Document 43 Filed 11/18/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
BECKY EEDY, *
*
Petitioner, *
*
v. * No. 18-572V (ECF)
* CHIEF SPECIAL MASTER
* NORA BETH DORSEY
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On April 5, 2019, respondent filed his Vaccine Rule 4(c) report conceding that
petitioner’s claim meets the Table criteria for SIRVA. On April 10, 2019, the Court entered its
Ruling on Entitlement, finding petitioner, Becky Eedy, entitled to Vaccine Act compensation.
Respondent herein proffers the following amount(s) of reasonable compensation due petitioner.
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum total of $125,897.30, which amount 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 medical
expenses and future pain and suffering.

Case 1:18-vv-00572-UNJ Document 43 Filed 11/18/19 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 $125,897.30 in the form of a check payable to petitioner, Becky
Eedy.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/ GLENN A. MACLEOD
GLENN A. MACLEOD
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel.: (202) 616-4122
DATE: September 3, 2019
2 Petitioner is a competent adult. No guardianship is required.
2