VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00728
Package ID: USCOURTS-cofc-1_18-vv-00728
Petitioner: Barbara Murray
Filed: 2019-04-25
Decided: 2020-04-28
Vaccine: influenza
Vaccination date: 2016-10-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 71075

AI-assisted case summary:
Barbara Murray filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that her influenza vaccination on October 14, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement to compensation, agreeing that the claim met the Table criteria for SIRVA. Specifically, the respondent noted that Murray had no prior history of shoulder issues, experienced onset of pain within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection shoulder. The injury also persisted for more than six months, establishing a presumption of vaccine causation. Following the ruling on entitlement, the parties reached a stipulation for damages. On April 28, 2020, the court awarded Barbara Murray a total of $71,075.42. This amount included $70,000.00 for pain and suffering and $1,075.42 for past out-of-pocket medical expenses.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00728-0
Date issued/filed: 2019-08-07
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/25/2019) regarding 23 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00728-UNJ Document 30 Filed 08/07/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-728V
Filed: April 25, 2019
UNPUBLISHED
BARBARA MURRAY,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Amy Kokot, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 23, 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”). Thereafter, petitioner filed an amended Petition on September 10, 2018.
Petitioner’s amended Petition alleges that her influenza (“flu”) vaccination on October
14, 2016, caused her to suffer a shoulder injury related to vaccine administration
(“SIRVA”). Amended 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.

Case 1:18-vv-00728-UNJ Document 30 Filed 08/07/19 Page 2 of 2
On April 24, 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 2. Specifically, respondent indicates that
[m]edical personnel at the Division of Injury Compensation Programs
(“DICP”) have reviewed the petition and medical records filed in this case.
Based on that review, DICP has concluded that petitioner’s claim meets
the Table criteria for SIRVA. Specifically, petitioner had no history of pain,
inflammation or dysfunction of the affected shoulder prior to intramuscular
vaccine administration that would explain the alleged signs, symptoms,
examination findings, and/or diagnostic studies occurring after vaccine
injection; she suffered the onset of pain within forty eight hours of vaccine
administration; her pain and reduced range of motion were limited to the
shoulder in which the intramuscular vaccine was administered; and there
is no other condition or abnormality present that would explain her
symptoms. See 42 C.F.R. § 100.3(c)(10).
Id. at 3-4. Respondent further agrees that
based on the records outlined above, petitioner’s SIRVA and its sequela
persisted for more than six months after the administration of the vaccine.
See 42 U.S.C. § 300aa- 11(c)(1)(D)(i). Therefore, petitioner is entitled to a
presumption of vaccine causation.
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-00728-1
Date issued/filed: 2020-04-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 03/26/2020) regarding 47 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00728-UNJ Document 54 Filed 04/28/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-728V
UNPUBLISHED
BARBARA MURRAY, Chief Special Master Corcoran
Petitioner, Filed: March 26, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On May 23, 2018, Barbara Murray, filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Thereafter, Petitioner filed an amended Petition on September 10,
2018. Petitioner’s amended Petition alleges that her influenza (“flu”) vaccination on
October 14, 2016, caused her to suffer a shoulder injury related to vaccine
administration (“SIRVA”). Amended Petition at 1-3. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
On April 25, 2019, a ruling on entitlement was issued, finding Petitioner entitled
to compensation for SIRVA. On March 24, 2020, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $71,075.42. The
award is comprised of the following: $70,000.00 for pain and suffering and $1,075.42 for
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I will redact such
material from public access.
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-00728-UNJ Document 54 Filed 04/28/20 Page 2 of 4
past out of pocket 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, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $71,075.42 (comprised of the following: $70,000.00 for pain and
suffering and $1,075.42 for past out of pocket medical expenses) in the form of a
check payable to Petitioner. 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/Brian H. Corcoran
Brian H. Corcoran
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-00728-UNJ Document 54 Filed 04/28/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
BARBARA MURRAY,
)
)
Petitioner,
) No. 18-728V
v.
) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN
)
SERVICES,
)
)
Respondent.
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Items of Compensation
On April 24, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. Chief Special Master Dorsey issued a Ruling on
Entitlement on April 25, 2019, finding that petitioner was entitled to vaccine compensation for
her right-sided shoulder injury. Based upon the evidence of record, respondent proffers that
petitioner should be awarded $71,075.42. The award is comprised of the following: $70,000.00
for pain and suffering and $1,075.42 for past out of pocket 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.

Case 1:18-vv-00728-UNJ Document 54 Filed 04/28/20 Page 4 of 4
II. Form of the Award
The parties recommend that compensation provided to petitioner should be made through
a lump sum payment of $71,075.42, in the form of a check payable to petitioner.1 Petitioner
agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
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
s/ Traci R. Patton
TRACI R. PATTON
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 353-1589
Dated: March XX, 2020
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 lost earnings
and future pain and suffering.
2