VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00680
Package ID: USCOURTS-cofc-1_18-vv-00680
Petitioner: Cecelia Keller
Filed: 2018-05-14
Decided: 2019-11-15
Vaccine: influenza
Vaccination date: 2016-11-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47971

AI-assisted case summary:
Cecelia Keller filed a petition for compensation under the National Vaccine Injury Compensation Program on May 14, 2018, alleging that she received an influenza vaccine on November 14, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on April 4, 2019, conceding that the petitioner was entitled to compensation. The respondent stated that the petitioner's injury was consistent with SIRVA, that a preponderance of the evidence established the SIRVA was caused by the flu vaccination received on November 14, 2016, and that no other causes for the injury were identified, satisfying the statutory six-month sequela requirement. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 5, 2019, finding Cecelia Keller entitled to compensation. Subsequently, on August 28, 2019, the respondent filed a proffer on award of compensation. The proffer recommended an award of $47,971.65, comprising $47,500.00 for pain and suffering and $471.65 for past, unreimbursed medical expenses. The petitioner agreed with this proffered award. On November 15, 2019, Chief Special Master Dorsey issued a decision awarding Cecelia Keller a lump sum payment of $47,971.65, payable by check to petitioner. The decision noted that the petitioner is a competent adult and evidence of guardianship was not required. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and the respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice.

Theory of causation field:
Petitioner Cecelia Keller received an influenza vaccine on November 14, 2016, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, that the evidence established it was caused-in-fact by the flu vaccination, and that no other causes were identified, satisfying the statutory six-month sequela requirement. The case proceeded to an award based on a proffer. The theory of causation relied on the Vaccine Act's "Table" for SIRVA. The award was $47,971.65, consisting of $47,500.00 for pain and suffering and $471.65 for past unreimbursed medical expenses. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on April 5, 2019, and the final decision awarding damages was issued on November 15, 2019. Petitioner's counsel was Jessica Olins, and respondent's counsel was Mollie D. Gorney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00680-0
Date issued/filed: 2019-06-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/05/2019) regarding 26 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00680-UNJ Document 31 Filed 06/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0680V
Filed: April 5, 2019
UNPUBLISHED
CECELIA KELLER,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, Administration (SIRVA)
Respondent.
John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 14, 2018, Cecelia Keller (“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 received an influenza (“flu”)
vaccine on November 14, 2016, and thereafter suffered a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-3. 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-00680-UNJ Document 31 Filed 06/12/19 Page 2 of 2
On April 4, 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 injury is “consistent with SIRVA; that a
preponderance of evidence establishes that her SIRVA was caused-in-fact by the flu
vaccination she received on November 14, 2016; and that no other causes for
petitioner’s SIRVA were identified. See 42 U.S.C. § 300aa-13(a)(1)(B).” Id. at 4.
Respondent further agrees that “the statutory six-month sequela requirement has been
satisfied.” 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-00680-1
Date issued/filed: 2019-11-15
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/28/2019) regarding 39 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00680-UNJ Document 49 Filed 11/15/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0680V
Filed: August 28, 2019
UNPUBLISHED
CECELIA KELLER,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH
Injury Related to Vaccine
AND HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 14, 2018, Cecelia Keller (“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 received an influenza (“flu”)
vaccine on November 14, 2016, and thereafter suffered a shoulder injury related to
vaccine administration (“SIRVA”). Petition at 1-3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 5, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for SIRVA. On August 28, 2019, respondent filed a proffer on award of
compensation (“Proffer”) indicating petitioner should be awarded $47,971.65
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-00680-UNJ Document 49 Filed 11/15/19 Page 2 of 4
(representing $47,500.00 for pain and suffering and $471.65 for past, unreimbursed
medical expenses). 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 $47,971.65 (representing $47,500.00 for pain
and suffering and $471.65 for past, unreimbursed medical expenses), in the form
of a check payable to petitioner, Cecelia Keller. 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-00680-UNJ Document 49 Filed 11/15/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CECELIA KELLER, )
)
Petitioner, )
) No. 18-680V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On April 4, 2019, respondent conceded that entitlement to compensation was appropriate
under the terms of the Vaccine Act. Thereafter, on April 5, 2019, Chief Special Master Dorsey
issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine compensation for
her shoulder injury related to vaccine administration (“SIRVA”). Based upon the evidence of
record, respondent proffers that petitioner should be awarded $47,971.65. The award is
comprised of the following: $47,500.00 for pain and suffering and $471.65 for past,
unreimbursed medical expenses. This amount represents all elements of compensation to which
petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $47,971.65, in the form of a check payable to petitioner. Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Case 1:18-vv-00680-UNJ Document 49 Filed 11/15/19 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
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Mollie D. Gorney
MOLLIE D. GORNEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington D.C. 20044-0146
(202) 616- 4029
mollie.d.gorney@usdoj.gov
Dated: August 28, 2019