VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_12-vv-00912
Package ID: USCOURTS-cofc-1_12-vv-00912
Petitioner: Terry St. Pierre
Filed: 2012-12-26
Decided: 2014-08-18
Vaccine: influenza
Vaccination date: 
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 7500

AI-assisted case summary:
Terry St. Pierre filed a petition on December 26, 2012, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza (flu) vaccination. Respondent denied that petitioner's SIRVA or any related medical problems were caused by receipt of the flu vaccine.

Nonetheless, both parties agreed in a stipulation filed July 21, 2014 to settle the case. Special Master Corcoran reviewed the file and found the stipulation reasonable, adopting it as his decision in awarding damages. Petitioner received a lump sum of $7,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed to attorneys' fees and costs of $19,900.00, payable jointly to petitioner and her counsel, Diana S. Sedar, Esq. of Maglio, Christopher & Toale. Petitioner had not incurred any reimbursable out-of-pocket litigation costs.

Theory of causation field:
Flu → SIRVA. Stipulation Jul 21, 2014; SM Corcoran. $7,500. Fees $19,900 (Sedar, Maglio Christopher & Toale, Sarasota FL). All DB fields correct.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_12-vv-00912-0
Date issued/filed: 2014-08-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/21/2014) regarding 42 DECISION Stipulation/Proffer (Signed by Special Master Brian H. Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00912-UNJ Document 49 Filed 08/18/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-912V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TERRY ST. PIERRE, *
* Filed: July 21, 2014
Petitioner, *
*
v. *
* Decision by Stipulation; Damages;
SECRETARY OF HEALTH * Influenza (Flu) Vaccine; Shoulder Injury
AND HUMAN SERVICES, * Related to Vaccine Administration (SIRVA)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Tara J. Kilfoyle, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On December 26, 2012, Petitioner Terry St. Pierre filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petitioner
alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a
result of receiving the influenza (“flu”) vaccination.
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the United
States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, §
205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C. §
300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential
information. Specifically, under Vaccine Rule 18(b), each party has 14 days within which to request redaction “of
any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is
privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute
a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to
the public. (Id.)
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-10-' 300aa-34
(West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A.
' 300aa.

Case 1:12-vv-00912-UNJ Document 49 Filed 08/18/14 Page 2 of 7
Respondent denies that Petitioner’s SIRVA or any related medical problems were caused
by the receipt of the flu vaccine. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation filed July 21, 2014 that the issues before them can be settled,
and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms
set forth therein.
The stipulation awards:
a) A lump sum of $7,500.00, in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. §300aa-15(a).
Stipulation ¶ 8.
I approve a Vaccine Program award in the requested amount set forth above to be made
to Petitioners. In the absence of a motion for review filed pursuant to RCFC Appendix B, the
clerk of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly (or separately) filing
notice(s) renouncing their right to seek review.

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Case 1:12-vv-00912-UNJ Document 49 Filed 08/18/14 Page 5 of 7

Case 1:12-vv-00912-UNJ Document 49 Filed 08/18/14 Page 6 of 7

Case 1:12-vv-00912-UNJ Document 49 Filed 08/18/14 Page 7 of 7

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_12-vv-00912-1
Date issued/filed: 2014-08-18
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 7/21/2014) regarding 44 DECISION Fees Stipulation/Proffer (Signed by Special Master Brian H.Corcoran.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:12-vv-00912-UNJ Document 50 Filed 08/18/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 12-912V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * *
*
TERRY ST. PIERRE, *
* Filed: July 21, 2014
Petitioner, *
*
v. *
* Decision by Stipulation; Attorneys’
SECRETARY OF HEALTH * Fees & Costs
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Diana S. Sedar, Maglio, Christopher & Toale, Sarasota, FL, for Petitioner.
Tara J. Kilfoyle, U.S. Dep’t of Justice, Washington, DC, for Respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On December 26, 2012, Petitioner Terry St. Pierre filed a petition seeking compensation
under the National Vaccine Injury Compensation Program. On July 21, 2014, the parties filed a
stipulation detailing an amount to be awarded to Petitioner. On July 21, 2014, I issued a decision
finding the parties’ stipulation to be reasonable and granting Petitioner the award outlined by the
stipulation.
On July 21, 2014, counsel for both parties filed another joint stipulation, this time
regarding attorneys’ fees and costs. The parties have stipulated that Petitioner’s counsel should
1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the United
States Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, §
205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by 42 U.S.C §
300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential
information. To do so, Vaccine Rule 18(b) permit each party 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is
privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute
a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the decision will be available to the
public. Id.

Case 1:12-vv-00912-UNJ Document 50 Filed 08/18/14 Page 2 of 2
receive a lump sum of $19,900.00 in the form of a check jointly payable to Petitioner and
Petitioner’s counsel. This amount represents a sum to which Respondent does not object. In
addition, in accordance with General Order #9, Petitioner filed a statement on July 21, 2014
indicating that she had incurred no reimbursable costs in pursuit of her claim.
I approve the requested amount for attorneys’ fees and costs as reasonable. Accordingly,
an award should be made in the form of a check jointly payable to Petitioner and Petitioner’s
counsel, Diana S. Sedar, Esq., in the amount of $19,900.00. In the absence of a motion for
review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER
JUDGMENT in accordance with the terms of the parties’ stipulation.2
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing (jointly or separately) notices
renouncing their right to seek review.