VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-01206
Package ID: USCOURTS-cofc-1_14-vv-01206
Petitioner: Jeanne Bailey
Filed: 2014-12-16
Decided: 2017-05-31
Vaccine: influenza
Vaccination date: 2012-12-17
Condition: shoulder injury
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Jeanne Bailey filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2014, alleging she developed a shoulder injury after receiving an influenza vaccination on December 17, 2012. The respondent, the Secretary of Health and Human Services, denied that the influenza immunization caused petitioner's injury. Despite the denial, the parties reached a settlement agreement. On May 31, 2017, they filed a joint stipulation outlining the settlement terms. As part of the agreement, the respondent agreed to pay Ms. Bailey a lump sum of $200,000.00, payable by check to the petitioner, as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The clerk of the court was directed to enter judgment in accordance with this decision. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Petitioner was represented by Kenneth Lumb of Corboy & Demetrio P.C., and respondent was represented by Christine Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jeanne Bailey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on December 17, 2012. The respondent denied causation. The parties reached a joint stipulation to settle the case, resulting in an award of $200,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision was made by Special Master Mindy Michaels Roth on May 31, 2017. Petitioner's counsel was Kenneth Lumb, and respondent's counsel was Christine Becer.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-01206-0
Date issued/filed: 2017-06-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/31/2017) regarding 45 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Copy to parties.
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Case 1:14-vv-01206-UNJ Document 48 Filed 06/26/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
(Filed: May 31, 2017)
No. 14-1206V
* * * * * * * * * * * * *
JEANNE BAILEY, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Shoulder Injury Related to
v. * Vaccine Administration
* (“SIRVA”); Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine.
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * *
Kenneth Lumb, Corboy & Demetrio P.C., Chicago, IL, for petitioner.
Christine Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On December 16, 2014, Jeanne Bailey [“Ms. Bailey,” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed a shoulder injury after receiving an influenza vaccination on December 17, 2012.
See Stipulation, filed May 31, 2017, at ¶¶ 1-4. Respondent denies that the influenza
immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I
intend to post this decision 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 (2012)). In accordance with Vaccine Rule 18(b), a party
has 14 days to identify and move to delete medical or other information, that satisfies the criteria
in 42 U.S.C. § 300aa-12(d)(4)(B). Further, consistent with the rule requirement, a motion for
redaction must include a proposed redacted decision. If, upon review, I agree that the identified
material fits within the requirements of that provision, 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 (2012).
1

Case 1:14-vv-01206-UNJ Document 48 Filed 06/26/17 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On May 31, 2017, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $200,000.00 in the form of a check payable to petitioner, Jeanne
Bailey. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a
notice renouncing the right to seek review.
2

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