VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00142 Package ID: USCOURTS-cofc-1_15-vv-00142 Petitioner: Paulette Cummins Filed: 2015-02-11 Decided: 2016-05-02 Vaccine: influenza Vaccination date: 2012-09-18 Condition: severe shoulder pain Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Paulette Cummins filed a petition for compensation under the National Vaccine Injury Compensation Program on February 11, 2015, alleging that she suffered severe shoulder pain as a result of an influenza vaccine she received on September 18, 2012. The respondent denied that the vaccine caused the alleged shoulder pain or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on December 30, 2015, agreeing to a settlement. The court adopted the stipulation, awarding Paulette Cummins $95,000.00 as compensation for all damages. This amount was a compromise of the parties' respective positions on liability and damages. Subsequently, the parties also stipulated to attorneys' fees and costs. On January 6, 2016, they filed a stipulation for attorneys' fees and costs, and on May 4, 2016, Chief Special Master Nora Beth Dorsey issued a decision awarding $15,350.00 jointly to Paulette Cummins and her counsel, Jeffrey S. Pop, for attorneys' fees and costs. The case was resolved through these stipulations, resulting in compensation for the petitioner. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved in this case. Theory of causation field: Petitioner Paulette Cummins alleged that she suffered severe shoulder pain as a result of her influenza vaccine received on September 18, 2012. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement, and the case was resolved via this stipulation. The stipulation stated that the award of $95,000.00 represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the Vaccine Injury Table. Attorneys' fees and costs were awarded in the amount of $15,350.00 jointly to petitioner and her counsel, Jeffrey S. Pop. Chief Special Master Nora Beth Dorsey issued the decision on the stipulation on May 2, 2016, and the decision on attorneys' fees and costs on May 4, 2016. The stipulation explicitly stated that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccination caused petitioner's shoulder pain or any other injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00142-0 Date issued/filed: 2016-05-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/30/2015) regarding 25 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00142-UNJ Document 33 Filed 05/02/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-142V Filed: December 30, 2015 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAULETTE CUMMINS, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“Flu”) Vaccine; * Severe Shoulder Pain; Special SECRETARY OF HEALTH * Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On February 11, 2015, 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 severe shoulder pain as a result of her September 18, 2012 influenza [“flu”] vaccine. Petition at 1; Stipulation, filed December 30, 2015, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her injury for more than six months and has received no prior compensation, award, or settlement of a civil action for damages as a result of her injury. Petition, ¶¶ 26-27; Stipulation, ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s alleged shoulder pain. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition. ” Stipulation, ¶ 6. Nevertheless, on December 30, 2015, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 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-00142-UNJ Document 33 Filed 05/02/16 Page 2 of 7 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 $95,000.00 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 CCaassee 11::1155--vvvv--0000114422--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 1025//3002//1156 PPaaggee 13 ooff 57 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PAULETfE CUMMINS. Petitioner. v. No. 15-l-12V Chiel'Special Master Dnrse~ SECRF.TARY OF HEALTH A D 1-:CF HUMAN SERVICES. Rcsrondcnt. STIPULATION The parties hereby stipulate to the follo\\'ing matters: I. Petitioner lilcd n petition for vaccine compcnsmion undcr the National V~11:ei111.: Injury Compensation Program. 42 ll.S.C. ~ 300aa-10 to 3-1 (the "Vaccine Program"). The rc1itio11 seeks compensation for injuries allegedly related 10 pctitinner·s receipt ol'an inllucn1.a ("llu") vaccine. which vaccine is contained in the Vaccine Injury Table (the ·Table"). -12 C.F.R. ~ 100.3 (a). .., Petit inner recei\'ccl her llu immuninllinn on September 18. 2012. 3. The vaccine \\ns administered within the United States. 4. Petitioner alleges that she dcvdopcd severe shoulder pain as a consequence nl'the llu immuni.-::ation she received. and l'urther alleges that sh<.: c.\pericnccd the residual effects ol'this injury fi)I' more than six months. 5. Petitioner represents that there has been no prior a\\ard or settlcment ol'a civil action f<>r damages as a result of her condition. CCaassee 11::1155--vvvv--0000114422--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 1025//3002//1156 PPaaggee 24 ooff 57 6. Respondent denies that the llu vaccine caused petitioner's alleged shoulder pain. Responclenc further denies that the nu \accine caused petitioner an~ other injury or her current condition. 7. Maintaining their abo\'e-stated positions. the panics ncvcrlhtkss 110\\ agree that the issues between them shall be settled and that a clcl.:ision shoulJ be entered a"arding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable nf'ter an entr) ol'judgment rellecting a decision consistent" ith rhe terms of this Stipulation. and aller petitioner has lilccl an election to receive compensation * pursuant to ~2 LJ.S.C. 300an-2 I (a)( I). the Set:retar) ol' I lea Ith and 1l uman Services" ill issue the fol lowing vacei ne compcnsat ion pa) mcnt: A lump sum ol'S95,000.00 in the form ora check pa) able to pctitionL'r. This amount represents compensation for all damages that \\Otild be a\'ailablc under 42 U.S.C. ~ 300aa-15(a). 9. As !inon a-; practi<.:ablc nl'tcr the entry ol'juJg1111.:nt on cntitlcmrnt in this L'asc. and al ier pcritioner has filed both a rropcr and timely election to recci\'c compensation pursuant to .:\2 U.S.C. ~ 300aa-2 I (a)( I). and an application. the parties" ill submit to rurther proccc.:dings before the special master to ;rnard reasonable attornc.:)s· lt:cs and costs incurred in prnn:ccling. upon this petition. I 0. Petitioner and her altorney represent that the: have idcntilied to rcspomknt all known sources or payment lor items or services 1\)r "hich the Prngrnm is not primaril) liable * under -12 U.S.C. 300aa-I 5(g). including St:llc compensatic1n prngram~. insurance polii.:ics. Federal or State health benefits programs (other than Title XIX of the S1.icial Sc1:urit: 1\ct (-12 Ll.S.C. ~ 1396 ct seq.)). or entities that provide health services on a pre-paid basis. CCaassee 11::1155--vvvv--0000114422--UUNNJJ DDooccuummeenntt 2343 FFiilleedd 1025//3002//1156 PPaaggee 35 ooff 57 11. Pa) nH!nls made pursuant lo paragraph 8 and any amounts 11\\ardt.:cl pursuant to paragraph 9 ofthis Stipulation will be mack in accordance ''ith -12 lJ.S.C. ~ 300aa-15(i). subject to the availability of sufficient statutor) !imds. 12. The parties and thdr attornc)s rurther agree and stipulate that. e.\ccpl for an~ a"