VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01087
Package ID: USCOURTS-cofc-1_14-vv-01087
Petitioner: Martha Scrantom
Filed: 2014-11-07
Decided: 2015-08-03
Vaccine: influenza
Vaccination date: 2013-12-17
Condition: shoulder injury
Outcome: compensated
Award amount USD: 76237

AI-assisted case summary:
Martha Scrantom filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2014, alleging that she suffered a shoulder injury as a result of receiving an influenza vaccine on December 17, 2013. Ms. Scrantom further alleged that the residual effects of this condition lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused petitioner's alleged shoulder injury or any other injury. Despite maintaining their respective positions, the parties reached a joint stipulation to settle the case. As part of the stipulation, the respondent agreed to pay Ms. Scrantom a lump sum of $65,000.00 for all damages, payable to petitioner. Additionally, a lump sum of $11,237.47 was agreed upon for attorneys' fees and costs, payable jointly to petitioner and her attorney, Alison H. Haskins, Esq. The Special Master, Denise Kathryn Vowell, adopted the parties' stipulation and awarded the compensation. The case was settled as a Table claim, as Shoulder Injury Related Vaccine-Associated Injury (SIRVA) is listed on the Vaccine Injury Table. The decision was issued on August 3, 2015. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken by Ms. Scrantom. The specific mechanism of injury is not detailed in the public decision, but the case was resolved as a Table claim.

Theory of causation field:
Petitioner Martha Scrantom received an influenza vaccine on December 17, 2013, and alleged a resulting shoulder injury (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties stipulated to settle the case as a Table claim, acknowledging SIRVA is listed on the Vaccine Injury Table. Petitioner was awarded $65,000.00 for damages and $11,237.47 for attorneys' fees and costs, totaling $76,237.47. The decision was issued by Special Master Denise Kathryn Vowell on August 3, 2015, following the petition filed on November 7, 2014. Petitioner's counsel was Alison Haskins. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond its classification as a Table condition.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01087-0
Date issued/filed: 2015-08-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/13/2015) regarding 22 DECISION Stipulation/Proffer, DECISION Fees Stipulation/Proffer, (Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-01087-UNJ Document 26 Filed 08/03/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-1087V
Filed: July 13, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARTHA SCRANTOM, *
*
Petitioner, * Stipulation; Influenza;
v. * Shoulder Injury (SIRVA)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Maglio, Christopher & Toale, PA, Sarasota, FL, for petitioner.
Ann Martin, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Vowell, Special Master:
On November 7, 2014, Martha Scrantom (“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” or “Program”]. Petitioner alleged that, as a result
of receiving an influenza vaccine on December 17, 2003, she suffered a shoulder injury
the residual effects of which lasted more than six months. (See Stipulation for Award,
filed July 13, 2015, ¶¶ 1-4 (ECF No. 21).) Respondent denies that the influenza
vaccination caused petitioner’s alleged shoulder injury or any other injury. (Id., ¶. 6.)
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted 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 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).

Case 1:14-vv-01087-UNJ Document 26 Filed 08/03/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On July 13, 2015, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms. The stipulation also included a payment of attorneys’ fees and costs.3 In
accordance with General Order #9, petitioner’s counsel asserts that petitioner incurred
no out-of-pocket litigation expenses. (Id.)
Respondent agrees to pay petitioner:
• A lump sum of $65,000.00 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); and
• A lump sum of $11,237.47 in the form of a check payable jointly to
petitioner and petitioner’s attorney, Alison H. Haskins, Esq., for attorneys’
fees and costs available under 42 U.S.C. § 300aa-15(e). (Id, ¶ 8.)
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.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Special Master
3 The Vaccine Act permits an award of reasonable fees and costs. 42 U.S.C. § 300 aa-15(e). I find the
proposed total amount for attorneys’ fees and costs to be reasonable.
4 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.

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
MARTHA SCRANTOM, )
)
Petitioner, )
) No. 14-1087V
v. ) Chief Special Master Vowell
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Martha Scrantom, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation for injuries allegedly related to petitioner’s receipt
of the influenza vaccine, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R.
§ 100.3(a).
2. Petitioner received an influenza immunization on December 17, 2013.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a shoulder injury as a result of her influenza
vaccine. Petitioner further alleges that she experienced the residual effects of this condition for
more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her injuries.

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6. Respondent denies that petitioner’s influenza vaccine caused a shoulder injury or any
other injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $65,000.00 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); and
b. A lump sum of $11,237.47 in the form of a check payable jointly to petitioner
and petitioner’s attorney, Alison H. Haskins, Esq., for attorneys’ fees and costs
available under 42 U.S.C. § 300aa-15(e). In compliance with General Order #9,
petitioner represents that she incurred no personal, out-of-pocket expenses in
proceeding on the petition.
9. Petitioner and her attorney represent that compensation to be provided pursuant to this
Stipulation is not for any items or services for which the Program is not primarily liable under
42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
10. Payments made pursuant to paragraph 8 of this Stipulation will be made in
accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds.
11. The parties and their attorneys further agree and stipulate that, except for any award
2

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for attorneys’ fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
12. In return for the payments described in paragraph 8, petitioner, in her individual
capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does
forever irrevocably and unconditionally release, acquit and discharge the United States and the
Secretary of Health and Human Services from any and all actions or causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program,
42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the influenza vaccination administered on December 17, 2013, as
alleged by petitioner in a petition for vaccine compensation filed on or about November 7, 2014,
in the United States Court of Federal Claims as petition No. 14-1087V.
13. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
14. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
3

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15. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended. There
is absolutely no agreement on the part of the parties hereto to make any payment or to do any act
or thing other than is herein expressly stated and clearly agreed to. The parties further agree and
understand that the award described in this Stipulation may reflect a compromise of the parties’
respective positions as to liability and/or amount of damages, and further, that a change in the
nature of the injury or condition or in the items of compensation sought, is not grounds to modify
or revise this agreement.
16. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to develop a
shoulder injury or any other injury.
17. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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