VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00676
Package ID: USCOURTS-cofc-1_13-vv-00676
Petitioner: Terri Ahern
Filed: 2013-09-12
Decided: 2014-07-11
Vaccine: influenza
Vaccination date: 2010-09-21
Condition: shoulder injury
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Terri Ahern filed a petition on September 12, 2013, alleging that an influenza vaccine she received on September 21, 2010, caused her to develop a shoulder injury, with residual effects lasting more than six months. Respondent denied that the vaccine caused the injury. The parties, represented by Paul Brazil for the Petitioner and Althea Walker Davis for the Respondent, reached a joint stipulation on June 5, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded Terri Ahern a lump sum of $20,000.00, payable by check to her, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, a lump sum of $15,000.00 was awarded for attorneys' fees and costs, payable by check jointly to Terri Ahern and her attorney, Paul Brazil, in compliance with General Order #9. No out-of-pocket expenses were incurred by the Petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision.

Theory of causation field:
Petitioner Terri Ahern alleged that an influenza vaccine received on September 21, 2010, caused a shoulder injury (SIRVA) with residual effects lasting over six months. Respondent denied causation. The parties entered a joint stipulation on June 5, 2014, which was adopted by Special Master Lisa Hamilton-Fieldman on July 11, 2014. The stipulation resulted in a compensated outcome. Petitioner Terri Ahern was awarded $20,000.00 for damages and $15,000.00 for attorneys' fees and costs, payable to Petitioner and her attorney, Paul Brazil. The public decision does not detail the specific mechanism of injury or name any medical experts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00676-0
Date issued/filed: 2014-07-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2014) regarding 24 DECISION Fees Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00676-UNJ Document 28 Filed 07/11/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-676V
(Filed: June 6, 2014; Re-Issued: June 20, 2014)
* * * * * * * * * * * * * *
TERRI AHERN, *
* Stipulation; Influenza Vaccine;
Petitioner, * Shoulder Injury; Attorneys’
* Fees and Costs
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * *
Paul Brazil, Philadelphia, PA, for Petitioner
Althea Walker Davis, Washington, DC, for Respondent
UNPUBLISHED DECISION1
On June 5, 2014, Respondent filed a joint stipulation concerning the petition for
compensation filed by Terri Ahern on September 12, 2013. In her petition, Petitioner
alleged that the influenza vaccine, which is contained in the Vaccine Injury Table (the
“Table”), 42 C.F.R. §100.3(a), and which she received on September 21, 2010, caused
her to develop a shoulder injury. Petitioner further alleges that she suffered the residual
effects of this injury for more than six months. Petitioner represents that there has been
1 Because this unpublished decision contains a reasoned explanation for the
undersigned’s action in this case, the undersigned intends to post this order 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 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 entire”
order will be available to the public. Id.

Case 1:13-vv-00676-UNJ Document 28 Filed 07/11/14 Page 2 of 7
no prior award or settlement of a civil action for damages on his behalf as a result of his
condition. Stipulation at ¶¶ 2, 4, 5.
Respondent denies that the influenza vaccine caused Petitioner to suffer a shoulder
injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
a. A lump sum payment of $20,000.00 in the form of a check payable to
Petitioner, Terri Ahern. This amount represents compensation for all
damages that would be available under 42 U.S.C. § 300aa-15(a); and
b. A lump sum of $15,000.00, in the form of a check payable jointly to
Petitioner and Petitioner’s attorney, Paul Brazil, for attorneys’ fees
and costs available under 42 U.S.C. § 300aa-15(e), and in compliance
with General Order #9, no out-of-pocket expenses were incurred by
Petitioner in proceeding on the petition.
In the absence of a motion for review filed pursuant to RCFC, Appendix B, the
clerk is directed to enter judgment in case 13-676V according to this decision and the
attached stipulation.2
Any questions may be directed to my law clerk, Camille Collett, at (202) 357-
6361.
IT IS SO ORDERED.
s/Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment
by each party filing a notice renouncing the right to seek review by a United States Court
of Federal Claims judge.

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