VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00735 Package ID: USCOURTS-cofc-1_15-vv-00735 Petitioner: Yvette Hill Filed: 2016-04-29 Decided: 2016-05-31 Vaccine: influenza Vaccination date: 2014-09-25 Condition: median mononeuropathy and tendinopathy/tendinitis of the right shoulder Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Yvette Hill filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2016, alleging that she suffered median mononeuropathy and tendinopathy/tendinitis of her right shoulder due to an influenza vaccine she received on September 25, 2014. She stated that she received the vaccination in the United States, that her injury had effects lasting more than six months, and that she had not received prior compensation. Respondent denied that the flu vaccine caused her alleged injuries. Despite the denial, the parties filed a joint stipulation on April 29, 2016, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. Yvette Hill was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation of the parties. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00735-0 Date issued/filed: 2016-05-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/29/2016) regarding 23 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00735-UNJ Document 30 Filed 05/31/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-735V Filed: April 29, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * YVETTE HILL, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“flu”) Vaccine; Shoulder v. * Injury; Mononeuropathy; Tendinopathy; SECRETARY OF HEALTH * Tendinitis; Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Voris E. Johnson, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 16, 2015, Yvette Hill (“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 median mononeuropathy and tendinopathy/tendinitis of the right shoulder due to her receipt of the influenza (“flu”) vaccine on September 25, 2014. Petition at 1; Stipulation, filed April 29, 2016, at ¶¶ 1, 2, 4. Petitioner further alleges that she received the vaccination in the United States, that she has suffered the effects of her injury for more than six months, and that she has not received compensation for her vaccine related injury. Pet. at ¶¶ 3, 17, 18; see also Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner’s alleged injuries and residual effects, or any other injury. Stip. at ¶ 6. Nevertheless, on April 29, 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-00735-UNJ Document 30 Filed 05/31/16 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 $75,000.00 in the form of a check payable to petitioner. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Stip. at ¶ 8. 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 Case 1:15-vv-00735-UNJ Document 30 Filed 05/31/16 Page 3 of 7 Case 1:15-vv-00735-UNJ Document 30 Filed 05/31/16 Page 4 of 7 Case 1:15-vv-00735-UNJ Document 30 Filed 05/31/16 Page 5 of 7 Case 1:15-vv-00735-UNJ Document 30 Filed 05/31/16 Page 6 of 7 Case 1:15-vv-00735-UNJ Document 30 Filed 05/31/16 Page 7 of 7