VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01250
Package ID: USCOURTS-cofc-1_18-vv-01250
Petitioner: Carey Shimada
Filed: 2018-08-20
Decided: 2019-10-22
Vaccine: influenza
Vaccination date: 2017-10-18
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 77925

AI-assisted case summary:
Carey Shimada filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2018. She alleged that she suffered a right shoulder injury as a result of receiving an influenza vaccine on October 18, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 15, 2019, conceding that Ms. Shimada's Shoulder Injury Related to Vaccine Administration (SIRVA) was more likely than not caused by the vaccination and that she met the statutory severity requirement of suffering residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 25, 2019, finding Ms. Shimada entitled to compensation. Subsequently, on July 26, 2019, the respondent filed a proffer on the award of compensation, indicating that Ms. Shimada should be awarded $77,925.48, which included $75,000.00 for pain and suffering and $2,925.48 for unreimbursed expenses. The petitioner agreed with this proffered award. On October 22, 2019, Chief Special Master Dorsey issued a decision awarding Ms. Shimada a total of $77,925.48 as a lump sum payment. The case proceeded as an off-Table claim. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Carey Shimada received an influenza vaccine on October 18, 2017, and subsequently alleged a right shoulder injury, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the SIRVA was more likely than not caused by the vaccination and that the statutory severity requirement of residual effects for more than six months was met. This case was treated as an off-Table claim. The respondent's counsel was Christine Mary Becer, and the petitioner's counsel was Jimmy A. Zgheib. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 25, 2019, and a decision awarding damages on October 22, 2019. The parties stipulated to an award of $77,925.48, comprising $75,000.00 for pain and suffering and $2,925.48 for unreimbursed expenses.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01250-0
Date issued/filed: 2019-10-17
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/25/2019) regarding 30 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01250-UNJ Document 42 Filed 10/17/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1250V
Filed: July 25, 2019
UNPUBLISHED
CAREY SHIMADA,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Causation-In-Fact; Influenza (Flu)
SECRETARY OF HEALTH AND Vaccine; Shoulder Injury Related to
HUMAN SERVICES, Vaccine Administration (SIRVA)
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On August 20, 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 from a right shoulder injury as a
result of receiving an influenza (“flu”) vaccine on October 18, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 15, 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.
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-01250-UNJ Document 42 Filed 10/17/19 Page 2 of 2
Specifically, respondent has “concluded that petitioner’s SIRVA was more likely than not
caused by the October 18, 2017, flu vaccination.” Id. at 2. Respondent further agrees
that “petitioner satisfies the statutory severity requirement by suffering the residual
effects or complications of her injury for more than six months after vaccine
administration.” Id. at 3.
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-01250-1
Date issued/filed: 2019-10-22
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 08/06/2019) regarding 33 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-01250-UNJ Document 43 Filed 10/22/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1250V
Filed: August 6, 2019
UNPUBLISHED
CAREY SHIMADA,
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.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On August 20, 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 from a right shoulder injury as a
result of receiving an influenza (“flu”) vaccine on October 18, 2017. Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 25, 2019, a ruling on entitlement was issued, finding petitioner entitled to
compensation for her shoulder injury. On July 26, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $77,925.48
(comprising of $75,000.00 for pain and suffering and $2,925.48 for 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-01250-UNJ Document 43 Filed 10/22/19 Page 2 of 4
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 $77,925.48 (comprising of $75,000.00 for pain
and suffering and $2,925.48 for unreimbursed expenses) in the form of a check
payable to petitioner, Carey Shimada. 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-01250-UNJ Document 43 Filed 10/22/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
CAREY SHIMADA, )
)
Petitioner, )
) No. 18-1250V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On July 15, 2019, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered an injury that is compensable under the National Childhood Vaccine Injury Act of 1986,
as amended, 42 U.S.C. §§300aa-10 to -34. Accordingly, on July 16, 2019, the Chief Special
Master issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for his Shoulder Injury Related to Vaccine Administration (“SIRVA”).
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$77,925.48 ($75,000.00 for pain and suffering and $2,925.48 for unreimbursed expenses) which
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a).1 Petitioner agrees.
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 medical
expenses, future lost earnings, and future pain and suffering.

Case 1:18-vv-01250-UNJ Document 43 Filed 10/22/19 Page 4 of 4
II. Form of the Award
The parties recommend that the compensation provided to petitioner should be made
through a lump sum payment of $77,925.48 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.
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/Christine Mary Becer
CHRISTINE MARY BECER
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 616-3665
Date: July 26, 2019
2