VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00736
Package ID: USCOURTS-cofc-1_18-vv-00736
Petitioner: Laurel Ostiguy
Filed: 2018-05-24
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2016-09-16
Condition: right shoulder injuries related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 120605

AI-assisted case summary:
Laurel Ostiguy filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 16, 2016. The case was assigned to the Special Processing Unit. The respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA and met the requirements of a Table injury claim. Respondent also stated that no other causes for the injury were identified and that the sequelae lasted for more than six months, concluding that petitioner met the statutory requirements for entitlement. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $120,605.00, which included $120,000.00 for pain and suffering and $605.00 for past unreimbursed expenses. Petitioner agreed with the proffered award. The court issued a decision awarding petitioner the lump sum of $120,605.00.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00736-0
Date issued/filed: 2019-04-10
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 02/13/2019) regarding 21 Ruling on Entitlement ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:18-vv-00736-UNJ Document 26 Filed 04/10/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0736V
Filed: February 13, 2019
UNPUBLISHED
LAUREL OSTIGUY,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 24, 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 right shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on September
16, 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-00736-UNJ Document 26 Filed 04/10/19 Page 2 of 2
On February 12, 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 the Division of Injury
Compensation Programs, Department of Health and Human Services (“DICP”) “has
concluded that petitioner’s alleged injury is consistent with SIRVA of the right arm and
that it meets the requirements of a Table injury claim for SIRVA stemming from the flu
vaccination on September 16, 2016.” Id. at 5. Respondent further agrees that “DICP
did not identify any other causes for petitioner’s right arm injury, and records show that
she suffered the sequela of the injury for more than six months. Based on the medical
records outlined [in the Rule 4 report], petitioner has met the statutory requirements for
entitlement to compensation.” Id. at 5-6.
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-00736-1
Date issued/filed: 2019-08-14
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/10/2019) 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-00736-UNJ Document 39 Filed 08/14/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-0736V
Filed: May 10, 2019
UNPUBLISHED
LAUREL OSTIGUY,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On May 24, 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 right shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine administered on September
16, 2016. Petition at 1. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On February 13, 2019, a ruling on entitlement was issued, finding petitioner
entitled to compensation for her SIRVA. On May 10, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $120,605.00
(representing $120,000.00 for pain and suffering and $605.00 for past unreimbursed
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-00736-UNJ Document 39 Filed 08/14/19 Page 2 of 4
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 $120,605.00 (representing $120,000.00 for pain
and suffering and $605.00 for past unreimbursed expenses) in the form of a check
payable to petitioner, Laurel Ostiguy. 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-00736-UNJ Document 39 Filed 08/14/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
LAUREL OSTIGUY, )
)
Petitioner, ) No. 18-736V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On May 24, 2018, Laurel Ostiguy (“petitioner”) filed a petition for compensation
(“petition”) under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -
34, as amended. She alleges that, as a result of receiving the influenza (“flu”) vaccine on
September 16, 2016, she suffered from a right shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1-4. On February 12, 2019, respondent filed his Vaccine Rule 4(c)
report, conceding a Table injury for SIRVA. On February 13, 2019, the Chief Special Master
issued a ruling on entitlement, finding that petitioner was entitled to compensation for SIRVA.
II. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
a lump sum of $120,605.00 ($120,000.00 for pain and suffering, and $605.00 for past
unreimbursed expenses) for all damages. This amount represents all elements of compensation
1 This Proffer does not include attorneys’ fees and costs, which the parties intend to
address after the Damages Decision is issued.

Case 1:18-vv-00736-UNJ Document 39 Filed 08/14/19 Page 4 of 4
to which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
III. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $120,605.00, in the form of a check payable to petitioner.2
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
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
/s/Darryl R. Wishard
DARRYL R. WISHARD
Senior Trial Attorney
Torts Branch, Civil Division
U. S. Department of Justice
P.O. Box l46, Benjamin Franklin Station
Washington, D.C. 20044-0146
Direct dial: (202) 616-4357
Dated: May 10, 2019 Fax: (202) 616-4310
2 Should petitioner die prior to entry of judgment, respondent would oppose any award
for future medical expenses, future lost earnings, and future pain and suffering, and the parties
reserve the right to move the Court for appropriate relief.
2