VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00033 Package ID: USCOURTS-cofc-1_15-vv-00033 Petitioner: Sherry Smith Filed: 2015-01-12 Decided: 2018-12-19 Vaccine: influenza Vaccination date: 2012-10-12 Condition: inflammatory polyarthritis Outcome: compensated Award amount USD: 66000 AI-assisted case summary: Sherry Smith filed a petition on January 12, 2015, alleging that she developed inflammatory polyarthritis as a result of receiving an influenza vaccine on October 12, 2012. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. Despite maintaining their positions, the parties filed a joint stipulation on December 19, 2018, agreeing to settle the issues and award compensation to Ms. Smith. The stipulation awarded a lump sum of $66,000.00 to compensate for all damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court, ordering judgment to be entered accordingly. The case was compensated based on the stipulation. The public decision does not describe the petitioner's counsel, respondent's counsel, specific medical facts, onset, symptoms, tests, treatments, or expert testimony. Theory of causation field: Petitioner Sherry Smith alleged that an influenza vaccine administered on October 12, 2012, caused her to develop inflammatory polyarthritis. Respondent denied causation. The parties filed a joint stipulation on December 19, 2018, agreeing to settle the claim and award compensation. Special Master Thomas L. Gowen adopted the stipulation, awarding a lump sum of $66,000.00 for all damages. The specific theory of causation, medical evidence, expert testimony, and mechanism of injury are not described in the public decision. Petitioner's counsel was Diana Lynn Stadelnikas of Maglio Christopher and Toale, PA. Respondent's counsel was Sarah Christina Duncan of the United States Department of Justice. The decision date was December 19, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00033-0 Date issued/filed: 2019-01-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: December 19, 2018) regarding 72 DECISION of Special Master on Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 19, 2018 * * * * * * * * * * * * * * * * * * * * * * * * * UNPUBLISHED SHERRY SMITH, * * No. 15-33V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Joint Stipulation; Influenza (Flu); * Inflammatory Polyarthritis. Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Diana Lynn Stadelnikas, Maglio Christopher and Toale, PA (FL), Sarasota, FL, for petitioner. Sarah Christina Duncan, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On January 12, 2015, Sherry Smith (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program (“Program”).2 Petition (ECF No. 1). Petitioner alleged that she developed inflammatory polyarthritis as a result of receiving an influenza (“flu”) vaccination on October 12, 2012. Id. On December 19, 2018, the parties filed a joint stipulation in which they stated that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 71). Respondent denied that the influenza vaccine caused petitioner to suffer inflammatory polyarthritis or any other injury. Id. at ¶ 6. 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 compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. 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 (2012) (“Vaccine Act” or “the Act”). Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 2 of 7 The joint stipulation awards: A lump sum of $66,000.00 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). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 3 of 7 Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 4 of 7 Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 5 of 7 Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 6 of 7 Case 1:15-vv-00033-UNJ Document 76 Filed 01/15/19 Page 7 of 7