VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00939
Package ID: USCOURTS-cofc-1_13-vv-00939
Petitioner: Caroline Courbois
Filed: 2013-11-27
Decided: 2016-05-11
Vaccine: influenza
Vaccination date: 2013-01-10
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 158243

AI-assisted case summary:
Caroline Courbois filed a petition on November 27, 2013, alleging that an influenza vaccination received on January 10, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent filed a report on September 22, 2014, conceding that Petitioner's alleged injury was consistent with SIRVA and that she met all legal prerequisites for compensation. Special Master Lisa Hamilton-Fieldman issued a ruling on entitlement in Petitioner's favor on September 23, 2014. A damages hearing was held on April 5, 2016. Special Master Hamilton-Fieldman awarded Caroline Courbois compensation totaling $158,243.40. This award included a lump sum payment of $158,243.40 for previously incurred expenses, home modifications, past and future pain and suffering, and the first year of unreimbursable future expenses. Additionally, an amount sufficient to purchase an annuity contract was awarded for future compensation years, with annual payments increasing at a 4% rate compounded annually. The specific breakdown of the lump sum included $1,200.00 for massage therapy, $3,600.00 for cleaning services, $2,600.00 for a hairdresser, $3,200.00 for landscaping services, $4,000.00 for home modifications, $142,794.40 for pain and suffering, and $849.00 for past unreimbursable expenses. Future annual compensation, starting from the second year, was set at $10,600.00, subject to a 4% annual increase. The case was treated as a Table claim.

Theory of causation field:
Petitioner Caroline Courbois alleged that an influenza vaccine administered on January 10, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the alleged injury was consistent with SIRVA and that Petitioner met all legal prerequisites. The case was treated as a Table claim. Special Master Lisa Hamilton-Fieldman issued an entitlement ruling on September 23, 2014, and a damages decision on May 11, 2016. The damages award totaled $158,243.40, comprising a lump sum for past expenses, home modifications, pain and suffering, and the first year of future expenses, plus an annuity for subsequent years with a 4% annual increase. Petitioner's counsel was Peter Meyers, and Respondent's counsel was Michael Milmoe for the entitlement phase. For the damages phase, Petitioner's counsel was Renée Gentry, and Respondent's counsel remained Michael Milmoe. No specific medical experts or detailed causation mechanism beyond the "Table" classification were described in the provided public text.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00939-0
Date issued/filed: 2014-10-15
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/23/2014) regarding 17 Ruling on Entitlement Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00939-UNJ Document 19 Filed 10/15/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: September 23, 2014)
* * * * * * * * * * * * * * * UNPUBLISHED
CAROLINE COURBOIS, *
* No. 13-939V
Petitioner, *
*
v. * Special Master Hamilton-Fieldman
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Ruling on Entitlement; Conceded;
* Influenza (Flu) Vaccine; Shoulder Injury
Respondent. * Related to Vaccine Administration
* (SIRVA).
* * * * * * * * * * * * * * *
Peter Meyers, National Law Center, Washington, D.C., for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
RULING ON ENTITLEMENT1
On November 27, 2013, Caroline Courbois (“Petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program (“the Program”).2
Petitioner alleged that an influenza (“flu”) vaccination she received on January 10, 2013 caused
her to suffer from a shoulder injury related to vaccine administration (“SIRVA”).
On September 22, 2014, Respondent filed a report pursuant to Vaccine Rule 4(c) in
which she concedes that Petitioner is entitled to compensation in this case. Specifically,
Respondent agrees that Petitioner’s alleged injury is consistent with SIRVA. Based on a review
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the
undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In
accordance with the Vaccine Rules, 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). Further, consistent with the rule requirement, a motion for redaction must include a
proposed redacted decision. If, upon review, the undersigned agrees that the identified material
fits within the requirements of that provision, such material will be deleted from public access.
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.

Case 1:13-vv-00939-UNJ Document 19 Filed 10/15/14 Page 2 of 2
of the medical records, Respondent concludes that Petitioner has satisfied all legal prerequisites
for compensation under the Act.
A special master may determine whether a petitioner is entitled to compensation based
upon the record. A hearing is not required. §300aa-13; Vaccine Rule 8(d). In light of
Respondent’s concession and a review of the record, the undersigned finds that Petitioner is
entitled to compensation. This matter shall now proceed to the damages phase.
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_13-vv-00939-1
Date issued/filed: 2016-05-11
Pages: 3
Docket text: PUBLIC DECISION (Originally filed: 4/20/2016) regarding 70 DECISION of Special Master. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties. Modified on 5/18/2016 - corrected pdf(jt1).
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Case 1:13-vv-00939-UNJ Document 73 Filed 05/11/16 Page 1 of 3
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-939V
Filed: April 20, 2016
* * * * * * * * * * * * * * * * TO BE PUBLISHED
CAROLINE COURBOIS, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Damages Decision; Contested;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Renée Gentry, George Washington University Law School, Washington, D.C., for Petitioner.
Michael Milmoe, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On November 27, 2013, Caroline Courbois (“Petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program (“the Program”).2
Petitioner alleged that an influenza (“flu”) vaccination she received on January 10, 2013 caused
her to suffer from a shoulder injury related to vaccine administration (“SIRVA”). On September
22, 2014, Respondent filed a Vaccine Rule 4(c) Report conceding Petitioner’s entitlement to
compensation, and on September 23, 2014, the undersigned issued an entitlement ruling in
Petitioner’s favor.
On April 5, 2016, the undersigned held a damages hearing. At the conclusion of the
hearing, the undersigned awarded compensation to Petitioner for previously incurred costs,
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 website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). 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).
2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42
U.S.C. §§ 300aa-10 et seq. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual
section references will be to 42 U.S.C. § 300aa of the Act.
1

Case 1:13-vv-00939-UNJ Document 73 Filed 05/11/16 Page 2 of 3
future unreimbursable expenses, certain home modifications, and past and future pain and
suffering. In accordance with the undersigned’s oral ruling, Petitioner shall receive the
following compensation:
A lump sum payment of $158,243.40, in the form of a check payable to Petitioner,
for previously incurred expenses, home modifications, past and future pain and
suffering, and the first year of unreimbursable future expenses; and
An amount sufficient to purchase an annuity contract, subject to the conditions
described in Appendix A to this Decision, and consistent with the undersigned’s
April 7, 2016 Order.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT herewith.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa 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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Appendix A: Items of Compensation for Caroline Courbois Page 1 of 1
Lump Sum
Compensation Compensation
ITEMS OF COMPENSATION G.R. Year 1 Years 2-Life
2016 2017-Life
Massage Therapy 4% 1 ,200.00 1,200.00
Cleaning Service 4% 3 ,600.00 3,600.00
Hairdresser 4% 2 ,600.00 2,600.00
Landscaping Services 4% 3 ,200.00 3,200.00
Home Mods 0% 4 ,000.00
Lost Future Earnings
Pain and Suffering 1 42,794.40
Past Unreimbursable Expenses 8 49.00
Annual Totals 1 58,243.40 10,600.00
Note: Compensation Year 1 consists of the 12 month period following the date of judgment.
Compensation Year 2 consists of the 12 month period commencing on the first anniversary of the date of judgment.
As soon as practicable after entry of judgment, respondent shall make the following payment to petitioner for Yr 1 life care
expenses ($14,600.00), pain and suffering ($142,794.40), and past unreimbursable expenses ($849.00): $158,243.40.
Annual amounts payable through an annuity for future Compensation Years follow the anniversary of the date of judgment.
Annual amounts shall increase at the rates indicated above in column G.R., compounded annually from the date of judgment.
Respondent is ordered to make annuity payments on an annual basis.