VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00964
Package ID: USCOURTS-cofc-1_15-vv-00964
Petitioner: Kathy Aikin
Filed: 2015-09-02
Decided: 2016-07-15
Vaccine: influenza
Vaccination date: 2013-11-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 95000

AI-assisted case summary:
On September 2, 2015, Kathy Aikin filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that an influenza vaccine administered on November 27, 2013, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's SIRVA or any other injury. On June 23, 2016, the parties filed a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded $95,000.00 as a lump sum to compensate for all damages. The parties agreed to expedite the entry of judgment by renouncing the right to seek review. Maximillian J. Muller represented the Petitioner, and Althea Davis represented the Respondent.

Theory of causation field:
Petitioner Kathy Aikin alleged that an influenza vaccine administered on November 27, 2013, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation. The parties reached a joint stipulation for damages, which was approved by Special Master Lisa Hamilton-Fieldman. Petitioner was awarded $95,000.00. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00964-0
Date issued/filed: 2016-07-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/24/2016) regarding 19 DECISION Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
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Case 1:15-vv-00964-UNJ Document 23 Filed 07/15/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-964V
Filed: June 24, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
KATHY AIKIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to
SECRETARY OF HEALTH * Vaccine Administration (“SIRVA”).
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Althea Davis, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On September 2, 2015, Kathy Aikin (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34
(2006). Petitioner alleged that an influenza (“flu”) vaccine administered on November 27, 2013
caused her to suffer from a Shoulder Injury Related to Flu Vaccination (“SIRVA”).
On June 23, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that the flu vaccine caused Petitioner’s
SIRVA or any other injury or her current condition. However, the parties agree to the joint
stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this decision on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, codified as amended at 44 U.S.C. §
3501 note (2012). As provided by Vaccine Rule 18(b), each party has 14 days within which to
request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted
invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-00964-UNJ Document 23 Filed 07/15/16 Page 2 of 7
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 $95,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amounts for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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