VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01464
Package ID: USCOURTS-cofc-1_18-vv-01464
Petitioner: Heidi Levisee
Filed: 2018-09-24
Decided: 2019-12-26
Vaccine: influenza
Vaccination date: 2016-10-10
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 126283

AI-assisted case summary:
Heidi Levisee filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 10, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 26, 2019, conceding that Ms. Levisee was entitled to compensation. The Division of Injury Compensation Programs determined that her left shoulder injury was consistent with an on-Table SIRVA and that no other cause was identified. The records also indicated that she suffered the sequelae of her injury for more than six months. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2019, finding Ms. Levisee entitled to compensation. Subsequently, on October 29, 2019, the parties filed a Proffer on Award of Compensation. Chief Special Master Brian H. Corcoran issued a decision on October 30, 2019, awarding Ms. Levisee a total of $126,283.01. This award was comprised of $125,000.00 for pain and suffering and $1,283.01 for past lost wages, to be paid as a lump sum check payable to Heidi Levisee. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Heidi Levisee alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 10, 2016. The respondent conceded entitlement, agreeing that the injury was consistent with an on-Table SIRVA and that no other cause was identified. The case proceeded as a Table claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the diagnosis of SIRVA and its duration of over six months. Chief Special Master Nora Beth Dorsey ruled on entitlement, and Chief Special Master Brian H. Corcoran awarded $126,283.01 ($125,000.00 for pain and suffering, $1,283.01 for past lost wages) based on a stipulation between petitioner Heidi Levisee and respondent, represented by Alexis B. Babcock. Petitioner was represented by Paul R. Brazil. The decision date for the award was December 26, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01464-0
Date issued/filed: 2019-11-14
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/27/2019) regarding 21 Ruling on Entitlement Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
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Case 1:18-vv-01464-UNJ Document 30 Filed 11/14/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1464V
Filed: August 27, 2019
UNPUBLISHED
HEIDI LEVISEE,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On September 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 a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received
on October 10, 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-01464-UNJ Document 30 Filed 11/14/19 Page 2 of 2
On August 26, 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, medical personnel at the Division of Injury Compensation Programs
(“DICP”) have determined that petitioner’s left shoulder injury is consistent with an on-
Table SIRVA. Id. at 3-4. Respondent further agrees that DICP has not identified any
other cause for petitioner’s SIRVA, and records show that she suffered the sequela of
her injury for more than six months. 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
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01464-1
Date issued/filed: 2019-12-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 10/30/2019) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01464-UNJ Document 33 Filed 12/26/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1464V
Filed: October 30, 2019
UNPUBLISHED
HEIDI LEVISEE,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Corcoran, Chief Special Master:
On September 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 a left shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received
on October 10, 2016. Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 27, 2019, a ruling on entitlement was issued, finding petitioner entitled
to compensation for her SIRVA. On October 29, 2019, respondent filed a proffer on
award of compensation (“Proffer”) indicating petitioner should be awarded $126,283.01
(comprised of $125,000.00 for pain and suffering and $1,283.01 for past lost wages).
1 I intend 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, I agree that the identified
material fits within this definition, I will redact such material from public access. 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).
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-01464-UNJ Document 33 Filed 12/26/19 Page 2 of 4
Proffer at 1-2. 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 $126,283.01 (comprised of $125,000.00 for pain and suffering and
$1,283.01 for past lost wages) in the form of a check payable to petitioner, Heidi
Levisee. 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-01464-UNJ Document 33 Filed 12/26/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
HEIDI LEVISEE,
)
)
Petitioner,
) No. 18-1464V
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 August 26, 2019, respondent conceded that entitlement to compensation was
appropriate under the terms of the Vaccine Act. On the same day, former Chief Special Master
Dorsey issued a Ruling on Entitlement, finding that petitioner was entitled to vaccine
compensation for her Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result
of a flu vaccination administered on October 13, 2016. Based upon the evidence of record,
respondent proffers that petitioner should be awarded $126,283.01. The award is comprised of
the following: $125,000.00 for pain and suffering, and $1,283.01 for past lost wages. 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-01464-UNJ Document 33 Filed 12/26/19 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 $126,283.01, 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/ Alexis B. Babcock
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Telephone: (202) 616-7678
Dated: October 29, 2019
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.