VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00893
Package ID: USCOURTS-cofc-1_18-vv-00893
Petitioner: Candace M. Berlin
Filed: 2018-06-22
Decided: 2019-11-19
Vaccine: influenza
Vaccination date: 2016-09-16
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Candace M. Berlin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 22, 2018. She alleged that an influenza vaccination administered on September 16, 2016, in her right deltoid, caused a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit. On August 19, 2019, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA, which is a Table injury, and that she met all legal prerequisites for compensation. On August 22, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, on September 9, 2019, the parties filed a proffer on the award of compensation. In this proffer, the respondent recommended that petitioner be awarded a lump sum of $110,000.00 for all damages, with the full amount designated for pain and suffering. Petitioner agreed with this proffered award. On November 19, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Candace M. Berlin a lump sum of $110,000.00, payable by check to petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Jeffrey T. Sprague of the U.S. Department of Justice. The decision was unpublished.

Theory of causation field:
Petitioner Candace M. Berlin alleged that an influenza vaccine administered on September 16, 2016, caused a right shoulder injury related to vaccine administration (SIRVA). Respondent conceded that the injury was consistent with SIRVA, a Table injury, and that petitioner met all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public decision. The theory of causation relied upon the Vaccine Injury Table for SIRVA. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 22, 2019, finding petitioner entitled to compensation. On September 9, 2019, the parties filed a proffer on award of compensation. On November 19, 2019, Chief Special Master Dorsey issued a decision awarding petitioner a lump sum of $110,000.00 for all damages, specifically for pain and suffering, paid by check to petitioner. Petitioner was represented by Nancy Routh Meyers (Ward Black Law), and respondent was represented by Jeffrey T. Sprague (U.S. Department of Justice).

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00893-0
Date issued/filed: 2019-11-12
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/22/2019) regarding 29 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00893-UNJ Document 36 Filed 11/12/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-893V
Filed: August 22, 2019
UNPUBLISHED
CANDACE M. BERLIN,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On June 22, 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 right shoulder injury that was caused by an
influenza (“flu”) vaccination in her right deltoid on September 16, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 19, 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
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-00893-UNJ Document 36 Filed 11/12/19 Page 2 of 2
at 1. Specifically, respondent states that “petitioner’s alleged injury is consistent with a
shoulder injury related to vaccine administration (“SIRVA”) as defined on the Vaccine
Injury Table.” Id. at 7. Respondent further agrees that “petitioner has satisfied all legal
prerequisites for compensation under the Act.” 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-00893-1
Date issued/filed: 2019-11-19
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 09/11/2019) regarding 32 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00893-UNJ Document 37 Filed 11/19/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-893V
Filed: September 11, 2019
UNPUBLISHED
CANDACE M. BERLIN,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On June 22, 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 right shoulder injury that was caused by an
influenza (“flu”) vaccination in her right deltoid on September 16, 2016. Petition at 1.
The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 22, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her shoulder injury. On September 9, 2019, respondent filed a
proffer on award of compensation (“Proffer”) indicating petitioner should be awarded
$110,000.00. Proffer at 1-2. In the Proffer, respondent represented that petitioner
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-00893-UNJ Document 37 Filed 11/19/19 Page 2 of 4
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 $110,000.00 in the form of a check payable to
petitioner, Candace M. Berlin. 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-00893-UNJ Document 37 Filed 11/19/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
___________________________________
)
CANDACE M. BERLIN, )
)
Petitioner, ) No. 18-893V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
___________________________________ )
PROFFER ON AWARD OF COMPENSATION1
I. Procedural History
On June 22, 2018, Candace Berlin (“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 vaccine on September 16,
2016, she suffered from a right shoulder injury related to vaccine administration (“SIRVA”).
Petition. On August 19, 2019, respondent filed his Vaccine Rule 4(c) report, conceding SIRVA
as a Table injury. On August 22, 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 $110,000.00, for all damages, with the full amount being for pain and suffering,
paid in the form of a check to petitioner. This amount represents all elements of compensation to
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-00893-UNJ Document 37 Filed 11/19/19 Page 4 of 4
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 $110,000.00 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/Jeffrey T. Sprague
JEFFREY T. SPRAGUE
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) 616-4179
Dated: September 9, 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