VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00737 Package ID: USCOURTS-cofc-1_13-vv-00737 Petitioner: Christine Shea Filed: 2013-09-25 Decided: 2016-08-25 Vaccine: influenza Vaccination date: 2010-10-13 Condition: neurological injury Outcome: compensated Award amount USD: 135000 AI-assisted case summary: On September 25, 2013, Christine Shea filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on October 13, 2010, caused her to develop a neurological injury. The respondent denied that the vaccine caused the alleged injury. Despite maintaining their respective positions, both parties agreed to a stipulation filed on June 15, 2015, to settle the case. Special Master Brian H. Corcoran reviewed the file and found the stipulation to be reasonable, adopting it as the decision of the court. The stipulation awarded Christine Shea a lump sum of $135,000.00, payable to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C. represented the petitioner, and Ryan D. Pyles of the U.S. Department of Justice represented the respondent. Theory of causation field: Christine Shea alleged a neurological injury following an influenza vaccine on October 13, 2010. The respondent denied causation. The parties entered into a joint stipulation on June 15, 2015, to settle the claim. Special Master Brian H. Corcoran adopted the stipulation, awarding $135,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys for the petitioner were Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., and for the respondent was Ryan D. Pyles. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_13-vv-00737-0 Date issued/filed: 2015-07-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/15/2015) regarding 31 DECISION Fees Stipulation. Signed by Special Master Brian H. Corcoran. (ag) Copy to parties. -------------------------------------------------------------------------------- Case 1:13-vv-00737-UNJ Document 35 Filed 07/06/15 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 13-737V * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE SHEA, * * Filed: June 15, 2015 Petitioner, * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Neurological SECRETARY OF HEALTH * Injury AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for Petitioner. Ryan D. Pyles, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On September 25, 2013, Christine Shea filed a petition seeking compensation under the National Vaccine Injury Compensation Program (the “Vaccine Program”).2 Petitioner alleges that she developed a neurological injury as a result of the influenza (“flu”) vaccine that she received on October 13, 2010. Respondent denies that the flu vaccine caused Petitioner’s alleged injury. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed June 15, 2015) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. 1 Because this decision contains a reasoned explanation for my action in this case, it will be posted on the website of the United States Court of Federal Claims, 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 inclusion of certain kinds of confidential information. To do so, Vaccine Rule 18(b) provides that each party has fourteen 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. 2 The National Vaccine Injury Compensation Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. § 300aa-10 through 34 (2006)) [hereinafter “Vaccine Act” or “the Act”]. Individual sections references hereafter will be to § 300aa of the Act. Case 1:13-vv-00737-UNJ Document 35 Filed 07/06/15 Page 2 of 7 I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards:  A lump sum of $135,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amounts set forth above to be made to Petitioner. 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 each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:13-vv-00737-UNJ Document 35 Filed 07/06/15 Page 3 of 7 Case 1:13-vv-00737-UNJ Document 35 Filed 07/06/15 Page 4 of 7 Case 1:13-vv-00737-UNJ Document 35 Filed 07/06/15 Page 5 of 7 Case 1:13-vv-00737-UNJ Document 35 Filed 07/06/15 Page 6 of 7 CCaassee 11::1133--vvvv--0000773377--UUNNJJ DDooccuummeenntt 3305 FFiilleedd 0067//1056//1155 PPaaggee 57 ooff 57