VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00729
Package ID: USCOURTS-cofc-1_18-vv-00729
Petitioner: Vicki Havel
Filed: 2018-05-23
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-10-10
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 79502

AI-assisted case summary:
Vicki Havel filed a petition for compensation on May 23, 2018, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of her October 10, 2016 influenza vaccination. The respondent filed a Rule 4(c) Report on March 29, 2019, conceding that petitioner was entitled to compensation. The respondent concluded that petitioner's alleged injury was consistent with SIRVA, a Table injury, noting that she had no prior history of shoulder issues, her symptoms began within 48 hours of receiving an intramuscular vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 1, 2019, finding petitioner entitled to compensation. Subsequently, on May 7, 2019, the respondent filed a proffer on the award of compensation, indicating that petitioner should be awarded $79,502.51. This amount represented $75,000.00 for pain and suffering and $4,502.51 for past out-of-pocket medical expenses. The respondent stated that petitioner agreed with the proffered award. On August 14, 2019, Chief Special Master Nora Beth Dorsey issued a Decision Awarding Damages, awarding petitioner a lump sum payment of $79,502.51, payable by check to Vicki Havel, representing compensation for all damages available under § 15(a). Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation field:
Petitioner Vicki Havel alleged a left shoulder injury related to vaccine administration (SIRVA) following an October 10, 2016 influenza vaccination. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, a Table injury. The respondent noted that petitioner had no prior shoulder issues, symptoms began within 48 hours of vaccination, symptoms were localized to the vaccinated shoulder, and no other condition explained the symptoms. Entitlement was granted on April 1, 2019, by Chief Special Master Nora Beth Dorsey. A stipulation for damages was reached, and on August 14, 2019, Chief Special Master Nora Beth Dorsey awarded $79,502.51, consisting of $75,000.00 for pain and suffering and $4,502.51 for past out-of-pocket medical expenses. Petitioner was represented by John Robert Howie, and respondent was represented by Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00729-0
Date issued/filed: 2019-05-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/01/2019) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00729-UNJ Document 39 Filed 05/29/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-729V
Filed: April 1, 2019
UNPUBLISHED
VICKI HAVEL,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND Administration (SIRVA)
HUMAN SERVICES,
Respondent.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Traci R. Patton, 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”). Petitioner alleged that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of her October 10, 2016 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On March 29, 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 concludes 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. 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-00729-UNJ Document 39 Filed 05/29/19 Page 2 of 2
a SIRVA, as defined on the Vaccine Injury Table. Id. at 4. Respondent states that
petitioner had no history of pain, inflammation or dysfunction in her left shoulder; her
pain and reduced range of motion occurred within 48 hours of receipt of an
intramuscular vaccination; her symptoms were limited to the shoulder in which the
vaccine was administered; and no other condition or abnormality was identified to
explain her 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-00729-1
Date issued/filed: 2019-08-14
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 05/10/2019) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00729-UNJ Document 40 Filed 08/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-729V
Filed: May 10, 2019
UNPUBLISHED
VICKI HAVEL,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
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”). Petitioner alleged that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”) as a result of her October 10, 2016 influenza (“flu”)
vaccination. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 1, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her SIRVA. ECF No. 22. On May 7, 2019, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
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-00729-UNJ Document 40 Filed 08/14/19 Page 2 of 2
$79,502.51, representing compensation in the amount of $75,000.00 for pain and
suffering and $4,502.51 for 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, 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 $79,502.51, representing compensation
in the amount of $75,000.00 for pain and suffering and $4,502.51 for past out of
pocket medical expenses, in the form of a check payable to petitioner, Vicki
Havel. 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