VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00198
Package ID: USCOURTS-cofc-1_15-vv-00198
Petitioner: Carol Williams
Filed: 2015-03-02
Decided: 2016-08-12
Vaccine: influenza
Vaccination date: 2013-01-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Carol Williams filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 8, 2013. The decision states that she alleged the vaccine was listed on the Vaccine Injury Table and administered in the United States, that she suffered the effects of the injury for more than six months, and that she had not filed a civil suit or received other compensation for the vaccine-related injury.

The public decision is a short Special Processing Unit stipulation decision and does not describe Williams's onset, medical visits, imaging, injections, physical therapy, or other clinical details. Respondent denied that the influenza vaccine caused any injury to Williams. Maintaining their positions, the parties filed a joint stipulation on August 11, 2016, agreeing that compensation should be awarded.

On August 12, 2016, Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The public version was later filed on October 31, 2016. Williams was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C. in Boston, Massachusetts, and respondent was represented by Gordon Shemin of the U.S. Department of Justice.

The award was a single lump-sum payment of $125,000.00 payable to Williams. The stipulation stated that this amount represented compensation for all items of damages available under section 15(a). The court directed the clerk to enter judgment in accordance with the decision unless a motion for review was filed.

Theory of causation field:
Influenza vaccine on January 8, 2013, allegedly causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED by joint stipulation in the Special Processing Unit; respondent denied that the flu vaccine caused any injury. Public record is a short stipulation decision and does not provide onset interval, clinical course, diagnostic testing, treating-physician narrative, expert witnesses, or a litigated causation mechanism beyond the SIRVA allegation. Petition filed March 2, 2015. Joint stipulation filed August 11, 2016. Chief Special Master Nora Beth Dorsey decision internally filed August 12, 2016; public/PACER filing October 31, 2016. Award: $125,000 lump sum payable to Carol Williams for all damages available under section 15(a). Attorney: Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston MA. Respondent counsel: Gordon Shemin, DOJ.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00198-0
Date issued/filed: 2016-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/12/2016) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00198-UNJ Document 40 Filed 10/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-198V
Filed: August 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CAROL WILLIAMS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * 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.
Gordon Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 2, 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 a shoulder injury related to vaccine
administration (“SIRVA”) “[a]s a result of receiving the flu vaccination on January 8,
2013.” Petition at 1. Petitioner further alleges that she received a vaccine set forth in
the Vaccine Injury Table and administered within the United States, has suffered the
effects of her injury for more than six months, and has not filed a civil suit or received
compensation for her injury alleged as vaccine caused. Petition at ¶¶ 15-18.
“Respondent denies that the flu vaccine caused any injury to petitioner.” Stipulation,
filed Aug. 11, 2016, at ¶ 6.
Nevertheless, on August 11, 2016, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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-00198-UNJ Document 40 Filed 10/31/16 Page 2 of 7
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $125,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 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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