VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00035
Package ID: USCOURTS-cofc-1_15-vv-00035
Petitioner: Cynthia Kuhn
Filed: 2015-11-19
Decided: 2016-02-17
Vaccine: influenza
Vaccination date: 2013-09-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Cynthia Kuhn filed a petition for compensation under the National Vaccine Injury Compensation Program on November 19, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on September 27, 2013. Petitioner stated that she received a vaccine set forth in the Vaccine Table, that the injury's effects lasted more than six months, and that no lawsuits had been filed or settlements or awards accepted for her vaccine-related injury. The respondent denied that the influenza immunization caused petitioner's alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 18, 2015. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. The stipulation awarded Cynthia Kuhn a lump sum of $65,000.00, payable to petitioner, as compensation for all eligible damages. The court directed the clerk to enter judgment accordingly.

Theory of causation field:
Petitioner Cynthia Kuhn alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 27, 2013. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner $65,000.00 in a lump sum. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The case was resolved via stipulation, indicating a "Table" theory of causation was likely considered or agreed upon for the purpose of settlement, as SIRVA is a condition listed in the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00035-0
Date issued/filed: 2016-02-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/19/2015) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00035-UNJ Document 30 Filed 02/17/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-35V
Filed: November 19, 2015
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CYNTHIA KUHN, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Camille Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 12, 2015, Cynthia Kuhn (“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 related to vaccine administration (“SIRVA”) after receiving the influenza vaccine
on September 27, 2013. Petition at 1; see also Stipulation, filed Nov. 18, 2015, ¶¶ 2, 4.
Petitioner further alleges she received a vaccine set forth in the Vaccine Table while in
the United States and has suffered the effects of her injury for more than six month and
that “[n]o lawsuits have been filed or settlements or awards accepted by anyone,
including the petitioner, due to Cindi’s vaccine-related injury.” Petition at 6; see also
Stipulation ¶¶ 3-5. “Respondent denies that the flu immunization is the cause of
petitioner’s alleged shoulder injury, or any other injury or condition.” 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 1:15-vv-00035-UNJ Document 30 Filed 02/17/16 Page 2 of 7
Nevertheless, on November 18, 2015, 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 $65,000.00 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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