VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00678
Package ID: USCOURTS-cofc-1_14-vv-00678
Petitioner: Shirley Darlene Pardue
Filed: 2014-07-30
Decided: 2015-09-18
Vaccine: influenza
Vaccination date: 2012-09-29
Condition: adhesive capsulitis, possible impingement syndrome, and subacromial bursitis of the right shoulder
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Shirley Darlene Pardue filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2014. She alleged that an influenza vaccination received on September 29, 2012, caused adhesive capsulitis, possible impingement syndrome, and subacromial bursitis of her right shoulder. Ms. Pardue further claimed that she experienced residual effects from this injury for more than six months and had not received any prior award or settlement for it. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Pardue's conditions or any other injury or disability. Despite the respondent's denial, the parties reached a joint stipulation to settle the case. The stipulation, filed on August 18, 2015, outlined the settlement terms. As per the stipulation, the respondent agreed to pay Ms. Pardue a lump sum of $65,000.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act. Chief Special Master Denise Kathryn Vowell adopted the stipulation and awarded the compensation on September 18, 2015. The decision was issued following the petition filed on July 30, 2014. Petitioner's counsel was Danny Ellis of Massey & Associates, PC, and respondent's counsel was Claudia Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Shirley Darlene Pardue alleged that an influenza vaccine administered on September 29, 2012, caused adhesive capsulitis, possible impingement syndrome, and subacromial bursitis of the right shoulder, with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation to settle the case, with the respondent agreeing to pay $65,000.00 in lump sum for all damages. Chief Special Master Denise Kathryn Vowell adopted the stipulation on September 18, 2015. The specific medical mechanism or expert testimony regarding causation was not detailed in the provided public text, as the case was resolved via stipulation. Petitioner was represented by Danny Ellis, and respondent by Claudia Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00678-0
Date issued/filed: 2015-09-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/19/2015) regarding 27 DECISION Stipulation/Proffer ( Signed by Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00678-UNJ Document 28 Filed 09/18/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-678V
Filed: August 19, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHIRLEY DARLENE PARDUE, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Adhesive
* Capsulitis; Impingement Syndrome;
SECRETARY OF HEALTH * Subacromial Bursitis; Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Danny Ellis, Massey & Associates, PC, Chattanooga, TN, for petitioner.
Claudia Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Chief Special Master:
On July 30, 2014, Shirley Darlene Pardue 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”]. Petitioner alleges that as the result of an influenza [“flu”]
vaccination on September 29, 2012, she suffered adhesive capsulitis, possible
impingement syndrome, and subacromial bursitis of the right shoulder. Petition, ¶ 8;
Stipulation, filed August 18, 2015, ¶¶ 2, 4. Petitioner further alleges that she
experienced the residual effects of this injury for more than six months, and has
received no prior award or settlement for this injury. Petition, ¶¶ 9, 11; Stipulation, ¶¶ 4-
5. “Respondent denies that the flu immunization is the cause of petitioner’s adhesive
capsulitis, possible impingement syndrome, and subacromial bursitis of the right
shoulder, any other injury, or her current disabilities.” Stipulation, ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
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, I agree that the identified material fits within this definition, I 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-00678-UNJ Document 28 Filed 09/18/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. Stipulation, ¶ 7. On
August 18, 2015, the parties filed a joint stipulation agreeing to settle this case and
describing the settlement terms.
Respondent agrees to pay petitioner a lump sum of $65,000.00 in the form of a
check payable to petitioner. Stipulation, ¶ 8. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. 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/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.
2

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