VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00724
Package ID: USCOURTS-cofc-1_14-vv-00724
Petitioner: Sara Erickson
Filed: 2016-02-17
Decided: 2016-05-06
Vaccine: influenza
Vaccination date: 2013-11-25
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 162622

AI-assisted case summary:
On August 11, 2014, Sara Erickson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 25, 2013. Ms. Erickson further alleged that she continued to suffer the effects of her injury and that neither she nor anyone else had brought an action or received compensation for her injuries. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner's alleged right shoulder injury or any other injury, and further denied that petitioner's disabilities were sequelae of a vaccine-related injury. Nevertheless, on February 17, 2016, petitioner Sara Erickson and the respondent filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Sara Erickson was awarded a lump sum of $162,622.09, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Lisa Watts of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Sara Erickson alleged that an influenza vaccine administered on November 25, 2013, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation on February 17, 2016, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner Sara Erickson was awarded $162,622.09 as a lump sum. The public decision does not describe the specific medical theory of causation, expert testimony, or detailed clinical facts regarding the alleged injury or its sequelae. Petitioner was represented by Maximillian Muller, and respondent was represented by Lisa Watts. Chief Special Master Nora Beth Dorsey issued the decision on May 6, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00724-0
Date issued/filed: 2016-05-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/17/2016) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:14-vv-00724-UNJ Document 36 Filed 05/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-724V
Filed: February 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SARA ERICKSON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lisa Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 11, 2014, Sara Erickson (“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 caused
by the influenza (“flu”) vaccine she received on November 25, 2013. Petition at 1; see
also Stipulation, filed Feb. 17, 2016, ¶¶ 1-2, 4. Petitioner further alleges that she
continues to suffer the effects of her injury and that neither she nor anyone else has
brought an action or has received compensation for her injuries. Petition, ¶¶ 12-13; see
also Stipulation ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s
alleged right shoulder injury, or any other injury, and further denies that petitioner’s
current disabilities are sequelae of a vaccine-related injury.” 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-00724-UNJ Document 36 Filed 05/06/16 Page 2 of 7
Nevertheless, on February 17, 2016, 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 $162,622.09 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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