VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00879
Package ID: USCOURTS-cofc-1_15-vv-00879
Petitioner: Dorothy Shepard
Filed: 2016-09-01
Decided: 2016-11-02
Vaccine: influenza
Vaccination date: 2014-10-21
Condition: shoulder injury
Outcome: compensated
Award amount USD: 5000

AI-assisted case summary:
Dorothy Shepard filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2015, alleging she suffered a shoulder injury as a result of an influenza vaccine received on October 21, 2014. She further alleged that her injury lasted more than six months. The respondent denied that the immunization caused her injury or any other injury or current condition. Nevertheless, on September 1, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ms. Shepard was awarded a lump sum of $5,000.00 as compensation for all items of damages available under the Vaccine Act. The decision was entered on November 2, 2016. Petitioner counsel was Maximillian J. Muller of Muller Brazil, LLP. Respondent counsel was Justine Elizabeth Walters of the U.S. Department of Justice. The Special Master was Nora Beth Dorsey.

Theory of causation field:
Petitioner Dorothy Shepard alleged a shoulder injury resulting from an influenza vaccine administered on October 21, 2014, with the injury lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, diagnostic tests, or treatments. Petitioner was awarded a lump sum of $5,000.00 for all damages under the Vaccine Act. The decision date was November 2, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Justine Elizabeth Walters.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00879-0
Date issued/filed: 2016-11-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/01/2016) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-00879-UNJ Document 39 Filed 11/02/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-0879V
Filed: September 1, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
DOROTHY SHEPARD, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury; Special Processing Unit
SECRETARY OF HEALTH * (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 13, 2015, Dorothy Shepard (“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 as a result of an influenza (“flu”) vaccine she received on October 21, 2014.
Amended Petition at 1-2; Stipulation, filed September 1, 2016, at ¶ 2, 4. Petitioner
further alleges that her injury lasted more than six months. Petition at 3. “Respondent
denies that the influenza immunization caused petitioner’s shoulder injury or any other
injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on September 1, 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.
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-00879-UNJ Document 39 Filed 11/02/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $5,000.00, 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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