VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00589
Package ID: USCOURTS-cofc-1_15-vv-00589
Petitioner: Darlene Dayton
Filed: 2015-06-10
Decided: 2016-09-20
Vaccine: influenza
Vaccination date: 2014-08-28
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Darlene Dayton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a consequence of an influenza vaccine she received on or about August 28, 2014. She stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had not received a prior award or settlement for her condition. Respondent denied that the flu vaccine caused petitioner’s alleged SIRVA or any other injury. Nevertheless, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Darlene Dayton was awarded a lump sum of $75,000.00, representing compensation for all damages available under the Vaccine Act.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00589-0
Date issued/filed: 2016-09-20
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/13/2016) 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-00589-UNJ Document 32 Filed 09/20/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0589V
Filed: July 13, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DARLENE DAYTON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“flu”) Vaccine; Shoulder
v. * Injury Related to Vaccine Administration
* (“SIRVA”); Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner.
Michael P. Milmoe, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 10, 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”) as a consequence of the influenza (“flu”) vaccine she received
on or about August 28, 2014. Pet. at 1; Stip., filed July 11, 2016, at ¶¶ 1, 2, 4.
Petitioner further states that the vaccine was administered in the United States, that she
experienced the residual effects of her injury for more than six months, and that there
has been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition. Pet. at ¶¶ 2, 17, 18; Stip. at ¶¶ 3-5. Respondent denies that the
flu vaccine caused petitioner’s alleged SIRVA or any other injury and further denies that
her current disabilities are a sequela of a vaccine-related injury. Stip. at ¶ 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. 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-00589-UNJ Document 32 Filed 09/20/16 Page 2 of 7
Nevertheless, on July 11, 2016, 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 stipulate that petitioner shall receive the following compensation:
A lump sum of $75,000.00 in the form of a check payable to petitioner. Stip.
at ¶ 8. This amount represents compensation for all 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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