VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00577
Package ID: USCOURTS-cofc-1_18-vv-00577
Petitioner: Laura M. Forcella Spiering
Filed: 2019-07-12
Decided: 2019-10-21
Vaccine: influenza
Vaccination date: 2016-11-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 141975

AI-assisted case summary:
Laura M. Forcella Spiering filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on November 2, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner's alleged injury was consistent with SIRVA, as defined on the Vaccine Injury Table, and that she had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued, finding petitioner entitled to compensation. Subsequently, a decision awarding damages was issued based on a joint proffer. The respondent proffered an award of $141,975.85, comprised of $135,000.00 for pain and suffering, $4,536.87 for past lost earnings, and $2,438.98 for unreimbursable expenses, which petitioner agreed to. The court awarded this lump sum payment to Laura M. Forcella Spiering.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00577-0
Date issued/filed: 2019-10-18
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 7/12/2019) regarding 34 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00577-UNJ Document 47 Filed 10/18/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0577V
Filed: July 12, 2019
UNPUBLISHED
LAURA M. FORCELLA SPIERING,
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.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner.
Camille Michelle Collett, 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 he received an influenza (“flu”) vaccination on November
2, 2016, and subsequently suffered a shoulder injury as a result of the flu vaccination
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On June 28, 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 “petitioner’s alleged injury is consistent with
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-00577-UNJ Document 47 Filed 10/18/19 Page 2 of 2
SIRVA, as defined on the Vaccine Injury Table.” Id. at 4. Respondent further agrees
that “petitioner has satisfied all legal prerequisites for compensation under the Vaccine
Act.” Id. at 3-4 (citing 42 U.S.C. § 300aa-13(a)(1)(B); 42 U.S.C. § 300aa-
11(c)(1)(D)(i)).
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-00577-1
Date issued/filed: 2019-10-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/12/2019) regarding 35 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-00577-UNJ Document 48 Filed 10/21/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0577V
Filed: July 12, 2019
UNPUBLISHED
LAURA M. FORCELLA SPIERING,
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.
Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner.
Camille Michelle Collett, 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 he received an influenza (“flu”) vaccination on November
2, 2016, and subsequently suffered a shoulder injury as a result of the flu vaccination
(“SIRVA”). Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On July 12, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury On June 28, 2019, respondent filed a combined
Rule 4 report/proffer on award of compensation (“Rule 4/Proffer”) indicating petitioner
should be awarded $141,975.85 (comprised of $135,000.00 for pain and suffering,
$4,536.87 for past lost earnings, and $2,438.98 for unreimbursable expenses). Rule
4/Proffer at 5. In the Rule 4/Proffer, respondent represented that petitioner agrees with
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-00577-UNJ Document 48 Filed 10/21/19 Page 2 of 2
the proffered award. Based on the record as a whole, the undersigned finds that
petitioner is entitled to an award as stated in the Rule 4/Proffer.
Pursuant to the terms stated in the Rule 4/Proffer, the undersigned awards
petitioner a lump sum payment of $141,975.85 (comprised of $135,000.00 for pain
and suffering, $4,536.87 for past lost earnings, and $2,438.98 for unreimbursable
expenses) in the form of a check payable to petitioner, Laura M. Forcella Spiering.
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