VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00240
Package ID: USCOURTS-cofc-1_14-vv-00240
Petitioner: Carey Sweet
Filed: 2014-03-28
Decided: 2014-09-11
Vaccine: influenza
Vaccination date: 2012-11-01
Condition: bilateral shoulder pain
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Carey Sweet filed a petition on March 28, 2014, under the National Vaccine Injury Compensation Program, alleging that she suffered bilateral shoulder pain as a result of receiving influenza and tetanus-diptheria-acellular pertussis (Tdap) vaccines on November 1, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused or aggravated the petitioner's alleged injury. On August 21, 2014, the parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted. The stipulation awarded Carey Sweet $70,000.00 as compensation for all damages. Petitioner was represented by Carol Gallagher, and respondent was represented by Darryl Wishard. A subsequent decision on September 11, 2014, also approved and awarded attorneys' fees and costs in the amount of $15,450.00, jointly payable to the petitioner and her attorney, Carol L. Gallagher, as the respondent did not object to the reasonableness of the requested amount. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony.

Theory of causation field:
Petitioner Carey Sweet alleged that bilateral shoulder pain resulted from influenza and Tdap vaccines administered on November 1, 2012. The respondent denied causation. The parties filed a joint stipulation for damages, which Special Master Nora Beth Dorsey adopted, awarding $70,000.00. Attorneys' fees and costs of $15,450.00 were also awarded. The public text does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00240-0
Date issued/filed: 2014-09-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/21/2014) regarding 15 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00240-UNJ Document 23 Filed 09/11/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-240V
Filed: August 21, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
CAREY SWEET, *
* Special Master Dorsey
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Tetanus-
* Diptheria-Acellular Pertussis (Tdap)
SECRETARY OF HEALTH * Vaccine; Bilateral Shoulder Pain.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Carol Gallagher, Linwood, NJ, for petitioner.
Darryl Wishard, United States Department of Justice, Washington, DC, for respondent.
DECISION1
On March 28, 2014, Carey Sweet (“petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleges
that she suffered from bilateral shoulder pain as a result of influenza (“flu”) and tetanus-
diptheria-acellular pertussis (“Tdap”) vaccines administered to her on November 1, 2012. See
Petition at 1.
On August 21, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
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-00240-UNJ Document 23 Filed 09/11/14 Page 2 of 7
Respondent denies that the vaccines either caused or significantly aggravated petitioner’s
alleged injury or any other injury, and denies that petitioner’s current disabilities are the result of
a vaccine-related injury. 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 stipulated that petitioner shall receive the following compensation:
A lump sum of $70,000.00, 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).
Stipulation ¶ 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

CCaassee 11::1144--vvvv--0000224400--UUNNJJ DDooccuummeenntt 1243 FFiilleedd 0089//2111//1144 PPaaggee 13 ooff 57

CCaassee 11::1144--vvvv--0000224400--UUNNJJ DDooccuummeenntt 1243 FFiilleedd 0089//2111//1144 PPaaggee 24 ooff 57

CCaassee 11::1144--vvvv--0000224400--UUNNJJ DDooccuummeenntt 1243 FFiilleedd 0089//2111//1144 PPaaggee 35 ooff 57

CCaassee 11::1144--vvvv--0000224400--UUNNJJ DDooccuummeenntt 1243 FFiilleedd 0089//2111//1144 PPaaggee 46 ooff 57

CCaassee 11::1144--vvvv--0000224400--UUNNJJ DDooccuummeenntt 1243 FFiilleedd 0089//2111//1144 PPaaggee 57 ooff 57

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00240-1
Date issued/filed: 2014-09-30
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 09/09/2014) regarding 21 DECISION Fees Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (tlj) Copy to parties.
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Case 1:14-vv-00240-UNJ Document 26 Filed 09/30/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 9, 2014
* * * * * * * * * * * * * *
CAREY SWEET, * UNPUBLISHED
*
* No. 14-240V
Petitioner, *
* Special Master Dorsey
v. *
* Attorneys’ Fees and Costs;
SECRETARY OF HEALTH * Reasonable Amount Requested to which
AND HUMAN SERVICES, * Respondent Does Not Object.
*
Respondent. *
*
* * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire LLC, Linwood, NJ, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, D.C., for respondent.
ATTORNEYS’ FEES AND COSTS DECISION1
On March 28, 2014, Carey Sweet (“petitioner”) filed a petition for compensation under
the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges
that she suffered from bilateral shoulder pain as a result of influenza (“flu”) and tetanus-
diptheria-acellular pertussis (“Tdap”) vaccines administered to her on November 1, 2012. See
Petition at 1. On August 21, 2014, a decision awarding compensation to petitioner based on the
parties’ stipulation was entered.
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, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). 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 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. §§ 300aa-1 to -34 (2006) (“Vaccine Act” or “Act”). All citations in this decision to
individual sections of the Act are to 42 U.S.C.A. § 300aa.
1

Case 1:14-vv-00240-UNJ Document 26 Filed 09/30/14 Page 2 of 2
On September 8, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees
and Costs. According to the stipulation, respondent does not object to a total award of attorneys’
fees and costs in the amount of $15,450.00. In accordance with General Order #9, petitioner
filed a statement stating that she incurred no out-of-pocket expenses in pursuing her petition.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42 U.S.C. §
300 aa-15(e). Based on the reasonableness of petitioner’s request and respondent’s counsel’s
lack of objection to petitioner’s counsel’s fee request, the undersigned GRANTS petitioner’s
motion for approval and payment of attorneys’ fees and costs.
Accordingly, an award should be made as follows:
in the form of a check jointly payable to petitioner and Carol L. Gallagher in the
amount of $15,450.00.
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