VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00983
Package ID: USCOURTS-cofc-1_20-vv-00983
Petitioner: Abbie Dover
Filed: 2020-08-26
Decided: 2022-08-05
Vaccine: influenza
Vaccination date: 2018-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60080

AI-assisted case summary:
Abbie Dover filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on October 24, 2018. The respondent conceded that Petitioner was entitled to compensation, finding her alleged injury consistent with SIRVA as defined on the Vaccine Injury Table. Specifically, the respondent noted that Petitioner had no prior history of shoulder issues, experienced pain within 48 hours after the vaccination in the administered shoulder, and had no other identified condition to explain the pain. The injury also resulted in residual effects lasting more than six months. Based on the concession and the evidence, entitlement was granted. Subsequently, the parties stipulated to an award of $60,080.00, comprised of $55,000.00 for pain and suffering and $5,080.00 for unreimbursed medical expenses. The decision awarded this lump sum payment to Petitioner, who was noted to be a competent adult.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00983-0
Date issued/filed: 2022-02-01
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 12/29/2021) regarding 24 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00983-UNJ Document 26 Filed 02/01/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-983V
UNPUBLISHED
ABBIE DOVER, Chief Special Master Corcoran
Petitioner, Filed: December 29, 2021
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)
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner.
Mallori B. Openchowski, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On August 6, 2020, Abbie Dover 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 shoulder injury related to vaccine
administration (SIRVA) as a result of an influenza vaccination administered on October
24, 2018. Petition at 1, 18. Petitioner further alleges that vaccine was administered in the
United States, she suffered the residual effects of her injury for more than six months,
and no previous civil action has been filed in this matter and no one has previously
collected an award or settlement of a civil action for damages arising from these alleged
vaccine-related injuries. Petition at 1-2. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00983-UNJ Document 26 Filed 02/01/22 Page 2 of 2
On December 7, 2021, 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. Respondent found that “[P]etitioner’s alleged injury is consistent with a SIRVA, as
defined on the Vaccine Injury Table.” Id. at 4. Specifically, Respondent determined that
[P]etitioner had no history of pain, inflammation, or dysfunction of her left shoulder;
medical records document that pain occurred within 48 hours after receipt of an
intramuscular vaccination; pain was limited to the left shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to explain
petitioner’s shoulder pain . . . . Additionally, based on the medical records outlined above,
petitioner suffered residual effects of her injury for more than six months.” Id. at 4-5
(citations omitted). Respondent further agrees that the scope of damages to be awarded
is limited to petitioner’s left-sided SIRVA and its related sequelae only. Id. at 5.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00983-1
Date issued/filed: 2022-08-05
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/05/2022) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00983-UNJ Document 35 Filed 08/05/22 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-983V
UNPUBLISHED
ABBIE DOVER, Chief Special Master Corcoran
Petitioner, Filed: July 5, 2022
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)
Brian L. Cinelli, Schiffmacher Cinelli Adoff, LLP, Buffalo, NY, for Petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION AWARDING DAMAGES1
On August 26, 2020, Abbie Dover 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 shoulder injury related to vaccine
administration (SIRVA), caused by the administration of an influenza (flu) vaccination on
October 24, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On December 29, 2021, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for SIRVA. On June 30, 2022, Respondent filed a proffer on
award of compensation (“Proffer”) indicating Petitioner should be awarded $60,080.00
(comprised of $55,000.00 for pain and suffering and $5,080.00 for unreimbursed medical
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00983-UNJ Document 35 Filed 08/05/22 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, 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 $60,080.00 (comprised of $55,000.00 for pain and suffering and
$5,080.00 for unreimbursed medical expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under Section 15(a).
The Clerk of 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 1:20-vv-00983-UNJ Document 35 Filed 08/05/22 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ABBIE DOVER,
Petitioner, No. 20-983V
Chief Special Master Corcoran
v. SPU
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
I. Procedural History and Items of Compensation
On December 7, 2021, respondent filed his Vaccine Rule 4(c) report, and conceded that
entitlement to compensation was appropriate under the terms of the Vaccine Act. Thereafter, on
December 29, 2021, the Chief Special Master issued a Ruling on Entitlement finding that
petitioner was entitled to vaccine compensation for her left Shoulder Injury Related to Vaccine
Administration (“SIRVA”). ECF Nos. 21, 24. Based on the evidence of record, respondent
proffers that petitioner should be awarded $60,080.00, which is comprised of damages for pain
and suffering ($55,000.00) and unreimbursable medical expenses ($5,080.00). This amount
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 lost earnings
and future pain and suffering.

Case 1:20-vv-00983-UNJ Document 35 Filed 08/05/22 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 $60,080.00, 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,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
TRACI R. PATTON
Assistant Director
Torts Branch, Civil Division
s/ Mallori B. Openchowski
MALLORI B. OPENCHOWSKI
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146, Ben Franklin Station
Washington, DC 20044-0146
Tel.: (202) 305-0660
mallori.b.openchowski@usdoj.gov
DATED: June 30, 2022