VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00667
Package ID: USCOURTS-cofc-1_14-vv-00667
Petitioner: Jane Goering
Filed: 2014-07-29
Decided: 2016-04-26
Vaccine: influenza
Vaccination date: 2012-12-17
Condition: shoulder injury related to vaccine administration (“SIRVA”)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Jane Goering filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2014. She alleged that on December 17, 2012, she received an influenza vaccination and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) and palindromic rheumatism. The respondent conceded that the influenza vaccine caused the SIRVA but denied that it caused palindromic rheumatism or any other injury. The parties subsequently filed a joint stipulation on damages. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. The parties agreed that petitioner should receive compensation in the form of a lump sum of $90,000.00, payable to petitioner, representing all items of damages available under the Vaccine Act. The decision was issued by Chief Special Master Nora Beth Dorsey on April 26, 2016. Ronald Homer represented the petitioner, and Traci Patton represented the respondent.

Theory of causation field:
Petitioner Jane Goering received an influenza vaccination on December 17, 2012. She alleged that this vaccination caused a shoulder injury related to vaccine administration (SIRVA) and palindromic rheumatism. Respondent conceded that the flu vaccine caused SIRVA but denied causation for palindromic rheumatism. The parties filed a joint stipulation on damages, agreeing that petitioner should receive compensation. The Special Master adopted the stipulation, awarding a lump sum of $90,000.00 for all items of damages. The decision was issued by Chief Special Master Nora Beth Dorsey on April 26, 2016. Petitioner was represented by Ronald Homer, and respondent was represented by Traci Patton. The theory of causation for SIRVA is based on the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00667-0
Date issued/filed: 2016-04-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/03/2015) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00667-UNJ Document 32 Filed 04/26/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-667V
Filed: December 3, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANE GOERING, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza Vaccine; Shoulder Injury
* Related to Vaccine Administration;
SECRETARY OF HEALTH * (“SIRVA”); Palindromic Rheumatism;
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Traci Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 29, 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 “[a]s a result of receiving the flu vaccination on December
17, 2012, [she] suffered a shoulder injury related to vaccine administration (“SIRVA”)
and continues to suffer palindromic rheumatism.” Petition at 1. Petitioner further
alleges that she received a vaccine found on the Vaccine Injury Table within the United
States, that she suffered the residual effects of her injury for more than six months, and
that no lawsuits have been filed or settlements or awards accepted for her injury.
Petition at 8; Stipulation¶¶ 1, 3, 5. “Respondent concedes that the flu vaccine caused
petitioner to suffer a shoulder injury (“SIRVA”), but respondent denies that the flu
vaccine caused petitioner to suffer any other injury or condition, including but not limited
to palindromic rheumatism.” Stipulation, ¶ 6.
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-00667-UNJ Document 32 Filed 04/26/16 Page 2 of 7
Nevertheless, on December 3, 2015, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. 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 $90,000.00 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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