VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00911 Package ID: USCOURTS-cofc-1_15-vv-00911 Petitioner: Irma Scott Filed: 2017-08-08 Decided: 2018-05-31 Vaccine: influenza Vaccination date: 2013-08-15 Condition: vasovagal syncope and a subdural hematoma Outcome: compensated Award amount USD: 119753 AI-assisted case summary: On August 8, 2017, Irma Scott filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition alleged that Ms. Scott suffered from vasovagal syncope and a subdural hematoma as a result of receiving an influenza vaccine on August 15, 2013. The petition stated that the vaccine was administered in the United States, that Ms. Scott experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that the flu vaccine caused petitioner to suffer from vasovagal syncope or a subdural hematoma or any other injury or her current condition, and denied that she suffered the residual effects of the alleged injury for more than six months. Despite the respondent's denial, the parties filed a joint stipulation on August 7, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms. Scott was awarded a lump sum of $119,753.00, payable to petitioner, as compensation for all items of damages. Petitioner's counsel was Curtis R. Webb, and respondent's counsel was Christine Mary Becer. The decision was issued on May 31, 2018. Theory of causation field: Petitioner Irma Scott alleged that she suffered from vasovagal syncope and a subdural hematoma as a result of receiving an influenza vaccine on August 15, 2013. Respondent denied that the flu vaccine caused these injuries. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific theory of causation, medical experts, clinical details of the alleged injury onset or progression, diagnostic tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $119,753.00 for all items of damages. The decision was issued on May 31, 2018, based on a stipulation filed August 7, 2017. Petitioner was represented by Curtis R. Webb, and respondent by Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00911-1 Date issued/filed: 2018-05-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/08/2017) regarding 54 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:15-vv-00911-UNJ Document 63 Filed 05/31/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-911V Filed: August 8, 2017 UNPUBLISHED IRMA SCOTT, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Vasovagal Syncope v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Curtis R. Webb, Twin Falls, ID, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 21, 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 from vasovagal syncope and a subdural hematoma as a result of receiving an influenza (“flu”) vaccination on August 15, 2013. Petition at 1-2; Stipulation, filed August 7, 2017, at ¶ 4. Petitioner further alleges the vaccine was administered within the United States, that she experienced the residual effects of this 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. Petition at 1-5; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to suffer from vasovagal syncope or a subdural hematoma or any other injury or her current condition, and denies that she suffered the residual effects of the alleged injury for more than six months.” 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-00911-UNJ Document 63 Filed 05/31/18 Page 2 of 7 Nevertheless, on August 7, 2017, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $119,753.00 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 Case 1:15-vv-00911-UNJ Document 63 Filed 05/31/18 Page 3 of 7 Case 1:15-vv-00911-UNJ Document 63 Filed 05/31/18 Page 4 of 7 Case 1:15-vv-00911-UNJ Document 63 Filed 05/31/18 Page 5 of 7 Case 1:15-vv-00911-UNJ Document 63 Filed 05/31/18 Page 6 of 7 Case 1:15-vv-00911-UNJ Document 63 Filed 05/31/18 Page 7 of 7