VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00680
Package ID: USCOURTS-cofc-1_15-vv-00680
Petitioner: Marlyne Tannen
Filed: 2015-06-30
Decided: 2017-04-19
Vaccine: influenza
Vaccination date: 2012-10-04
Condition: shoulder injury and/or adhesive capsulitis
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Marlyne Tannen filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, later amending it on May 9, 2016. She alleged that she suffered a shoulder injury and/or adhesive capsulitis as a result of an influenza vaccination administered on October 4, 2012. Ms. Tannen stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Tannen's alleged shoulder injury, adhesive capsulitis, or any other injury or condition. Despite the respondent's denial, on December 7, 2016, both parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it to be reasonable, adopting it as the decision of the Court. Ms. Tannen was awarded a lump sum of $55,000.00, payable to her via check. This amount was stipulated to represent compensation for all items of damages available under the Vaccine Act. The decision was entered on April 19, 2017. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marlyne Tannen alleged that an influenza vaccination received on October 4, 2012, caused a shoulder injury and/or adhesive capsulitis. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $55,000.00 as a lump sum. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. Petitioner was represented by Maximillian J. Muller, and respondent by Amy Paula Kokot. Chief Special Master Nora Beth Dorsey issued the decision on April 19, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00680-0
Date issued/filed: 2017-04-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/08/2016) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00680-UNJ Document 52 Filed 04/19/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-680V
Filed: December 8, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARLYNE TANNEN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury; Adhesive Capsulitis;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 30, 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”). On May 9, 2016, petitioner filed an amended petition for compensation. Petitioner
alleges that she suffered a shoulder injury and/or adhesive capsulitis as a result of her
influenza vaccination on October 4, 2012. Amended Petition at ¶¶ 2, 9; Stipulation, filed
December 7, 2016, at ¶¶ 2, 4. Petitioner further alleges 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 as a result of her injury. Stipulation at ¶¶ 3-5; Petition at ¶¶ 2, 9,
10. “Respondent denies that the flu vaccine on or about October 4, 2012, is the cause
of petitioner’s alleged shoulder injury and/or adhesive capsulitis and/or any other injury
or her current condition.” Stipulation 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-00680-UNJ Document 52 Filed 04/19/17 Page 2 of 7
Nevertheless, on December 7, 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 $55,000.00 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 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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