VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00798
Package ID: USCOURTS-cofc-1_13-vv-00798
Petitioner: Connie C. Medina
Filed: 2013-10-15
Decided: 2014-07-30
Vaccine: influenza
Vaccination date: 2010-10-16
Condition: shoulder injury
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
On October 15, 2013, Connie C. Medina filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on October 16, 2010, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused petitioner's shoulder injury or any other injury. Despite maintaining their respective positions, both parties entered into a joint stipulation on July 9, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner Connie C. Medina was awarded a lump sum of $80,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Additionally, attorneys' fees and costs totaling $13,329.05 were awarded in a lump sum, payable to Petitioner and her attorney, Andrew D. Downing, Esq. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury and any expert testimony are also not detailed in the public decision. The parties agreed to expedite the entry of judgment by renouncing the right to seek review.

Theory of causation field:
Petitioner Connie C. Medina alleged that an influenza vaccination received on October 16, 2010, caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties reached a joint stipulation on July 9, 2014, to settle the claim, which was adopted by Special Master Lisa Hamilton-Fieldman. The stipulation resulted in an award of $80,000.00 for all damages under 42 U.S.C. § 300aa-15(a) and $13,329.05 for attorneys' fees and costs. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the evidence considered in reaching the settlement. Attorneys for the petitioner were Andrew D. Downing, Esq. of Van Cott & Talamante, PLLC, and for the respondent was Gordon E. Shemin of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00798-0
Date issued/filed: 2014-07-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/09/2014) regarding 22 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00798-UNJ Document 26 Filed 07/30/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-798V
(E-Filed: July 9, 2014)
* * * * * * * * * * * * * * *
CONNIE C. MEDINA, * UNPUBLISHED
*
Petitioner, * Special Master
* Hamilton-Fieldman
v. *
* Influenza Vaccination;
SECRETARY OF HEALTH AND * Shoulder Injury; Decision;
HUMAN SERVICES, * Stipulation.
*
Respondent. *
* * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, for Petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES AND ATTORNEYS’ FEES AND COSTS1
On October 15, 2013, Petitioner, Connie C. Medina, filed a petition seeking
compensation under the National Vaccine Injury Compensation Program (Athe Vaccine
Program@). Petitioner alleged that she suffered a shoulder injury, as a result of receiving
an influenza vaccination on October 16, 2010.2
1 Because this decision contains a reasoned explanation for the undersigned’s action in
this case, the undersigned intends to post this decision 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.” Otherwise, “the
entire” 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) (Vaccine Act or the
Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. '
300aa.
1

Case 1:13-vv-00798-UNJ Document 26 Filed 07/30/14 Page 2 of 7
Respondent denies that Petitioner’s influenza vaccination caused her shoulder
injury and/or any other injury. Nonetheless, both parties, while maintaining their above
stated positions, agreed in a Stipulation, filed July 9, 2014, (“Stipulation”) that the issues
before them can be settled and that a decision should be entered awarding Petitioner
compensation.
The undersigned finds said stipulation reasonable and adopts it as the decision of
the Court in awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $80,000.00 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) to which Petitioner would be entitled; and
Stipulation ¶ 8(a).
The parties further stipulated that they had reached the following agreement with
respect to attorneys’ fees and costs:
A lump sum of $13,329.05, in the form of a check payable to Petitioner and
Petitioner’s attorney, Andrew D. Downing, Esq., for attorneys’ fees and costs. In
accordance with General Order No. 9, Petitioner represents that she incurred no
out-of-pocket expenses in proceeding on the petition.
Stipulation ¶8(b).
The undersigned approves the requested amounts for Petitioner’s compensation.
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/Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties= joint
filing of notice renouncing the right to seek review.
2

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