VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00703
Package ID: USCOURTS-cofc-1_15-vv-00703
Petitioner: Jenine G. Fugate
Filed: 2015-07-06
Decided: 2016-07-21
Vaccine: influenza
Vaccination date: 2014-10-02
Condition: shoulder injury ("SIRVA")
Outcome: compensated
Award amount USD: 150000

AI-assisted case summary:
Jenine Gail Fugate filed a petition for compensation on July 6, 2015, alleging that an influenza vaccine she received on October 2, 2014, caused her to suffer a left shoulder injury, commonly known as SIRVA, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury. Despite the denial, the parties filed a joint stipulation agreeing to a settlement. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Jenine Gail Fugate a lump sum payment of $150,000.00, payable by check, as compensation for all damages. The court directed that judgment be entered according to this decision and the stipulation. Petitioner's counsel was Leah V. Durant of the Law Office, and respondent's counsel was Linda S. Renzi of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received.

Theory of causation field:
Petitioner Jenine Gail Fugate received an influenza vaccine on October 2, 2014, and alleged it caused a left shoulder injury (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for settlement, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision. The stipulation awarded a lump sum of $150,000.00 to petitioner. The theory of causation relied upon the Vaccine Injury Table, as the injury was alleged to be a condition listed in the Table. The public decision does not detail specific medical experts, competing medical theories, or the precise mechanism of injury, but indicates the case was resolved via stipulation rather than litigation on the merits of causation. Petitioner was represented by Leah V. Durant and respondent by Linda S. Renzi. The decision was issued on July 21, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00703-0
Date issued/filed: 2016-07-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/29/16) regarding 27 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (dh) Copy to parties.
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Case 1:15-vv-00703-UNJ Document 31 Filed 07/21/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * * *
JENINE GAIL FUGATE, * No. 15-703V
* Special Master Christian J. Moran
Petitioner, *
*
v. *
* Filed: June 29, 2016
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* shoulder injury (“SIRVA”).
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Office, Washington, DC, for Petitioner;
Linda S. Renzi, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On June 23, 2016, the parties filed a joint stipulation concerning the petition
for compensation filed by Jenine G. Fugate on July 6, 2015. In her petition,
petitioner alleged that the influenza vaccine, which is contained in the Vaccine
Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received on
October 2, 2014, caused her to suffer injuries to her left shoulder (“SIRVA”).
Petitioner further alleges that she suffered the residual effects of this injury for
more than six months. Petitioner represents that there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her condition.
Respondent denies that the influenza vaccine caused petitioner to suffer a
left shoulder injury or any other injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:15-vv-00703-UNJ Document 31 Filed 07/21/16 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $150,000.00 in the form of a check payable to
petitioner, Jenine G. Fugate. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-703V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Dan Hoffman, at (202) 357-
6360.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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