VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00668
Package ID: USCOURTS-cofc-1_18-vv-00668
Petitioner: Heather Sheehan
Filed: 2018-05-10
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-10-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 138457

AI-assisted case summary:
Heather Sheehan filed a petition for compensation under the National Vaccine Injury Compensation Program on May 10, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Sheehan's claim met the Table criteria for SIRVA and that she was entitled to compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 3, 2019, finding Sheehan entitled to compensation. Subsequently, on May 21, 2019, the respondent filed a proffer on award of compensation, indicating that Sheehan should be awarded $138,457.57. This amount was comprised of $135,000.00 for actual and projected pain and suffering and $3,457.57 for past unreimbursable expenses. Sheehan agreed with this proffered award. Chief Special Master Dorsey issued a decision on August 14, 2019, awarding Sheehan a lump sum payment of $138,457.57, payable by check to Heather Sheehan. This award represented compensation for all damages available under § 15(a). Petitioner's counsel was Eric J. Haag of Atterbury, Kammer & Haag, S.C. Respondent's counsel was Justine Elizabeth Walters of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA.

Theory of causation field:
Petitioner Heather Sheehan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 25, 2016. The respondent conceded that the claim met the Table criteria for SIRVA. The case proceeded to a ruling on entitlement on April 3, 2019, by Chief Special Master Nora Beth Dorsey, finding petitioner entitled to compensation. A subsequent decision on August 14, 2019, by Chief Special Master Dorsey awarded $138,457.57 based on a stipulation/proffer. The award consisted of $135,000.00 for pain and suffering and $3,457.57 for past unreimbursable expenses. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the SIRVA diagnosis. Petitioner was represented by Eric J. Haag, and respondent by Justine Elizabeth Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00668-0
Date issued/filed: 2019-06-05
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/03/2019) 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-00668-UNJ Document 34 Filed 06/05/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-668V
Filed: April 3, 2019
UNPUBLISHED
HEATHER SHEEHAN,
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.
Eric J. Haag, Atterbury, Kammer & Haag, S.C., Middleton, WI, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 10, 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 receiving an influenza (“flu”) vaccine on October
25, 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-00668-UNJ Document 34 Filed 06/05/19 Page 2 of 2
On April 1, 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 concluded that petitioner’s claim meets the Table criteria for a
SIRVA. Id. at 4. Respondent further agrees that petitioner has satisfied the statutory
requirements for compensation. 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-00668-1
Date issued/filed: 2019-08-14
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 05/23/2019) regarding 30 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00668-UNJ Document 42 Filed 08/14/19 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-668V
Filed: May 23, 2019
UNPUBLISHED
HEATHER SHEEHAN,
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.
Eric J. Haag, Atterbury, Kammer & Haag, S.C., Middleton, WI, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 10, 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 (“flu”) vaccination administered on
October 25, 2016. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On April 3, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for a SIRVA. On May 21, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $138,457.57
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-00668-UNJ Document 42 Filed 08/14/19 Page 2 of 5
comprised of $135,000.00 for actual and projected pain and suffering, and $3,457.57 for
past unreimbursable expenses. Proffer at 1-2. 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 $138,457.57 (comprised of $135,000.00 for
actual and projected pain and suffering, and $3,457.57 for past unreimbursable
expenses) in the form of a check payable to petitioner, Heather Sheehan. 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-00668-UNJ Document 42 Filed 08/14/19 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
HEATHER SHEEHAN, )
)
Petitioner, )
)
v. ) No. 18-668V
) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND ) SPU
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 10, 2018, petitioner filed a petition for compensation under the National
Childhood Vaccine Injury Act, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act”), alleging that she
developed a left shoulder injury as a result of receiving an influenza (“flu”) vaccine on October
25, 2016. On April 1, 2019, respondent filed a Rule 4(c) Report indicating that petitioner is
entitled to compensation for a shoulder injury related to vaccine administration (“SIRVA”). For
the purposes of this proffer, the term “vaccine-related” is as described in Respondent’s Rule 4(c)
Report. On April 3, 2019, Chief Special Master Dorsey issued a Ruling on Entitlement finding
that petitioner is entitled to compensation for SIRVA.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $135,000.00 in actual and
projected pain and suffering. This amount reflects that the award for projected pain and
suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner
agrees.

Case 1:18-vv-00668-UNJ Document 42 Filed 08/14/19 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents her expenditure of past unreimbursable
expenses related to her SIRVA. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $3,457.57. Petitioner agrees.
C. Medicaid Lien
Petitioner represents that there are no outstanding Medicaid liens against her.
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $138,457.57 in the form of a check payable to petitioner.1 This
represents all elements of compensation to which petitioner is entitled under 42 U.S.C. § 300aa-
15(a). 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
HEATHER L. PEARLMAN
Assistant Director
Torts Branch, Civil Division
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.
-2-

Case 1:18-vv-00668-UNJ Document 42 Filed 08/14/19 Page 5 of 5
s/ Justine Walters__________
JUSTINE WALTERS
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) 307-6393
DATE: May 21, 2019
-3-