VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00351
Package ID: USCOURTS-cofc-1_19-vv-00351
Petitioner: Elizabeth Levine
Filed: 2019-03-08
Decided: 2020-05-21
Vaccine: influenza
Vaccination date: 2016-10-31
Condition: right shoulder injury related to vaccine administration (SIRVA), including subacromial impingement; claimed rotator cuff repair not compensated
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
Elizabeth Levine filed her petition on March 8, 2019, alleging that an influenza vaccination administered in her right shoulder on October 31, 2016 caused a right shoulder injury related to vaccine administration. Her claim included right subacromial impingement and a claimed right rotator cuff tear or repair. She was represented by Jessica E. Choper of Britcher Leone LLC.

Respondent conceded entitlement in part. The Rule 4(c) report accepted that Levine met the Table SIRVA requirements: there was no history of right shoulder pain, inflammation, or dysfunction before vaccination; shoulder pain began within 48 hours; the pain and reduced range of motion were limited to the vaccinated shoulder; no other condition such as brachial neuritis explained the presentation; and the injury lasted more than six months. Respondent did not agree, however, that compensation should include her claimed right rotator cuff repair or injury.

The public decision does not set out a full treatment narrative, but it does tell the central medical story. Levine's right shoulder became painful within the Table's 48-hour onset window after the flu shot, the symptoms remained localized to that shoulder, and the record was sufficient for respondent to concede a SIRVA with subacromial impingement. The unresolved damages issue was narrower: how much compensation should be paid when respondent accepted SIRVA but did not accept the claimed rotator cuff repair as part of the compensable vaccine injury.

Special Master Nora Beth Dorsey found Levine entitled to compensation on May 21, 2020 and, the same day, adopted the parties' damages proffer. Levine received $67,500.00 for pain and suffering only. No award was made for unreimbursable expenses, lost wages, or future damages in the public decision.

Theory of causation field:
Influenza vaccine in right shoulder on October 31, 2016 causing right shoulder SIRVA including subacromial impingement; claimed right rotator cuff repair/injury was not accepted for compensation. COMPENSATED. Respondent conceded Table SIRVA criteria: no prior right shoulder pain/inflammation/dysfunction, onset within 48 hours, pain and reduced ROM limited to vaccinated shoulder, no other condition such as brachial neuritis, and sequelae over six months. Public decision provides limited treatment detail and no expert biological-mechanism analysis. Entitlement and damages: Special Master Nora Beth Dorsey, May 21, 2020. Award $67,500.00 pain and suffering only. Petition filed March 8, 2019. Attorney: Jessica E. Choper, Britcher Leone LLC.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00351-0
Date issued/filed: 2020-06-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/21/2020) regarding 24 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00351-UNJ Document 29 Filed 06/29/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0351V
UNPUBLISHED
ELIZABETH LEVINE, Chief Special Master Corcoran
Petitioner, Filed: May 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On March 8, 2019, Elizabeth Levine 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 related to
vaccine administration (“SIRVA”), including a right rotator cuff tear and subacromial
impingement, as a result of an influenza (“flu”) vaccine received on October 31, 2016.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 12, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case for SIRVA, including
1 Because this unpublished ruling 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). 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, I agree that the identified material fits within this definition, I will redact such
material from public access.
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 1:19-vv-00351-UNJ Document 29 Filed 06/29/20 Page 2 of 2
impingement.3 Respondent’s Rule 4(c) Report at 1. Specifically, Respondent agrees
that Petitioner had no recent history of pain, inflammation, or dysfunction of her right
shoulder, pain occurred within 48 hours after receipt of an intramuscular vaccination,
pain was limited to the shoulder where the vaccine was administered, and no other
condition or abnormality, such as brachial neuritis, has been identified to explain
Petitioner’s shoulder pain. Id. at 5. Respondent further agrees that Petitioner has
suffered the residual effects of her condition for more than six months and has satisfied
all legal prerequisites for compensation under the Act. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation for SIRVA, including impingement.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Respondent states that he does not believe Petitioner is entitled to compensation for her claimed right
rotator cuff repair. Rule 4(c) Report at 1, 5 n.3.
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00351-1
Date issued/filed: 2020-06-30
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 05/21/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00351-UNJ Document 30 Filed 06/30/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0351V
UNPUBLISHED
ELIZABETH LEVINE, Chief Special Master Corcoran
Petitioner, Filed: May 21, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
Jessica E. Choper, Britcher Leone, L.L.C., Glen Rock, NJ, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On March 8, 2019, Elizabeth Levine 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 related to
vaccine administration (“SIRVA”), including a right rotator cuff repair and subacromial
impingement, as a result of an influenza (“flu”) vaccine received on October 31, 2016.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On May 21, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On May 20, 2020, Respondent filed a proffer on award of
1 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). 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.
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 1:19-vv-00351-UNJ Document 30 Filed 06/30/20 Page 2 of 4
compensation (“Proffer”) indicating Petitioner should be awarded $67,500.00.3 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 $67,500.00 in pain and suffering damages in the form of a check
payable to Petitioner. 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Respondent states that the proffer does not include compensation for Petitioner’s claimed right rotator
cuff injury. Proffer at 1 n.1.
4 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 1:19-vv-00351-UNJ Document 30 Filed 06/30/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ELIZABETH LEVINE, )
)
Petitioner, )
) No. 19-351V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On March 8, 2019, Elizabeth Levine (“petitioner”) filed a petition for vaccine injury
compensation alleging that she suffered Shoulder Injury Related to Vaccination Administration
(“SIRVA”) in her right shoulder, including a “right rotator cuff tear” and “subacromial
impingement.” On May 12, 2020, respondent conceded that entitlement to compensation was
appropriate for SIRVA, including petitioner’s claim for impingement, under the terms of the
Vaccine Act.1
I. Items of Compensation
Based upon the evidence of record, respondent proffers that petitioner should be awarded
$67,500.00, in pain and suffering damages, which represents all elements of compensation to
which petitioner would be entitled under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Respondent recommends that the compensation provided to petitioner be made through a
1 In the same pleading, respondent stated that petitioner is not entitled to compensation as
related to her claimed right rotator cuff injury. Accordingly, this proffer of damages does not
include compensation for petitioner’s claimed right rotator cuff injury.
1

Case 1:19-vv-00351-UNJ Document 30 Filed 06/30/20 Page 4 of 4
lump sum payment of $67,500.00 in the form of a check payable to petitioner.2 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
GABRIELLE M. FIELDING
Assistant Director
Torts Branch, Civil Division
/s/ Colleen C. Hartley
COLLEEN C. HARTLEY
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Phone: (202) 616-3644
Fax: (202) 353-2988
DATED: May 20, 2020
2 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the
Court for appropriate relief. In particular, respondent would oppose any award for future
medical expenses, future pain and suffering, and future lost wages.
2