VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00117
Package ID: USCOURTS-cofc-1_14-vv-00117
Petitioner: Linda Hutson
Filed: 2015-08-17
Decided: 2015-09-08
Vaccine: influenza
Vaccination date: 2011-10-18
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Linda Hutson filed a petition on August 17, 2015, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 18, 2011. She further alleged that she experienced residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged SIRVA or any other injury, and also denied that her current disabilities were the result of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on damages on August 14, 2015. The stipulation stated that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Linda Hutson was awarded a lump sum of $20,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the entry of judgment by renouncing the right to seek review.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00117-0
Date issued/filed: 2015-09-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/17/2015) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (tlf) Copy to parties.
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Case 1:14-vv-00117-UNJ Document 42 Filed 09/08/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-117V
Filed: August 17, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
LINDA HUTSON, *
*
* Special Master Dorsey
Petitioner, *
*
v. *
* Joint Stipulation on Damages;
SECRETARY OF HEALTH * Flu vaccine; SIRVA.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Michael P. Milmoe, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On February 10, 2014, Linda Hutson (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that as a result of receiving an influenza (“flu”) vaccine on October 18, 2011, she suffered from a
Shoulder Injury Related to Vaccine Administration (“SIRVA”). Stipulation at ¶ 2, 4. Further,
petitioner alleged that she experienced residual effects of her injury for more than six months. Id.
at ¶ 4.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling 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
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 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. §§ 300aa-1 to -34 (2006) (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 1:14-vv-00117-UNJ Document 42 Filed 09/08/15 Page 2 of 7
On August 14, 2015, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner’s
alleged SIRVA or any other injury, and also denies that petitioner’s current disabilities are the
result of a vaccine-related injury. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix A.
The undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $20,000.00, in the form of a check payable to petitioner, Linda Hutson.
This amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
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.3
IT IS SO ORDERED.
s/ Nora Beth Dorsey
Nora Beth Dorsey
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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