VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00661
Package ID: USCOURTS-cofc-1_14-vv-00661
Petitioner: Patricia Elliot
Filed: 2014-10-29
Decided: 2016-09-21
Vaccine: influenza
Vaccination date: 2013-11-07
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Patricia Elliot filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on November 7, 2013, caused her to suffer pain, difficulty sleeping, and limited range of motion in her right shoulder. The respondent, the Secretary of Health and Human Services, conceded that the injury to Ms. Elliot's right shoulder was caused-in-fact by the flu vaccine and was not due to unrelated factors. Based on this concession and the evidence, the court found Ms. Elliot entitled to compensation. Subsequently, the parties filed a joint stipulation for damages. The court adopted the stipulation, awarding Ms. Elliot a lump sum of $130,000.00. This amount was intended to compensate for all items of damages available under the program. The decision was issued on September 21, 2016, following the initial entitlement ruling on October 29, 2014.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00661-0
Date issued/filed: 2014-11-26
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 10/29/2014) regarding 17 Ruling on Entitlement Signed by Chief Special Master Denise Kathryn Vowell. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:14-vv-00661-UNJ Document 19 Filed 11/26/14 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-661V
Filed: October 29, 2014
* * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA ELLIOT *
*
*
Petitioner, * Ruling on Entitlement; Concession;
* Influenza Vaccine; Shoulder Injury
v. * Related to Vaccine Administration
* (“SIRVA”)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Marvin Firestone, MD, JD & Associates, San Mateo, CA for petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Vowell, Chief Special Master:
On July 28, 2014, Patricia Elliot filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq,2 [the
“Vaccine Act” or “Program”]. The petition alleges that as a result of an influenza (“flu”)
vaccination on November 7, 2013, petitioner suffered adverse reactions resulting in
“pain, difficulty obtaining restful sleep, and limited range of motion in her right shoulder.”
Petition at 9.
On October 28, 2014, respondent filed her Rule 4(c) Report [“Respondent’s
Report”], in which she concedes that petitioner is entitled to compensation in this case.
Respondent’s Report at 6. Specifically, respondent submits that “a preponderance of
the evidence establishes that the injury to petitioner’s right shoulder was caused-in-fact
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I intend to
post this ruling and order 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and
move to delete medical or other information, the disclosure of which would constitute an unwarranted
invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will
delete such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00661-UNJ Document 19 Filed 11/26/14 Page 2 of 2
by the administration of her November 7, 2013 flu vaccine.” Id. at 6. Respondent notes
that petitioner’s injury is not due to factors unrelated to her vaccination. Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
s/Denise K. Vowell
Denise K. Vowell
Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00661-1
Date issued/filed: 2016-09-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/042015) regarding 38 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00661-UNJ Document 52 Filed 09/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-661V
Filed: November 4, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA ELLIOT, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Marvin Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for
petitioner.
Glenn MacLeod, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 28, 2014, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 [the “Vaccine
Act”]. Petitioner alleges that she suffered a shoulder injury as a result of an influenza
vaccine she received on November 7, 2013. Petition, ¶ 41; Stipulation, filed 11/2/2015,
¶¶ 2, 4. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On October 29, 2014, a ruling on entitlement was issued, finding petitioner
entitled to compensation for a shoulder injury related to vaccine administration
(“SIRVA”). On November 2, 2015, the parties filed the attached joint stipulation, stating
that a decision should be entered awarding compensation. Stipulation, ¶ 7. The
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it 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)). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:14-vv-00661-UNJ Document 52 Filed 09/21/16 Page 2 of 7
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 $130,000.00 in the form of a check payable to petitioner.
Stipulation, ¶ 8. This amount represents compensation for all items of damages
that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount 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 in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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