VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01039
Package ID: USCOURTS-cofc-1_15-vv-01039
Petitioner: Valerie Meyers
Filed: 2015-09-17
Decided: 2016-05-19
Vaccine: influenza
Vaccination date: 2012-09-21
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Valerie Meyers filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 21, 2012, and that she experienced residual effects of the injury for more than six months. The respondent denied that the flu vaccine caused petitioner's shoulder injury or current condition. Despite the denial, the parties filed a joint stipulation on April 7, 2016, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Valerie Meyers was awarded a lump sum of $10,000.00, payable to her, as compensation for all items of damages. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Lara Ann Englund of the U.S. Department of Justice. The decision was based on the joint stipulation for damages.

Theory of causation field:
Petitioner Valerie Meyers alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 21, 2012. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $10,000.00. The theory of causation was based on the Vaccine Injury Table (SIRVA). Petitioner counsel: Paul R. Brazil. Respondent counsel: Lara Ann Englund. Special Master: Nora Beth Dorsey. Decision date: April 7, 2016 (stipulation decision date), May 19, 2016 (final decision date).

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_15-vv-01039-1
Date issued/filed: 2016-05-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/07/2016) regarding 21 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
--------------------------------------------------------------------------------
Case 1:15-vv-01039-UNJ Document 29 Filed 05/19/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1039V
Filed: April 7, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
VALERIE MEYERS, *
*
Petitioner, * Joint Stipulation on Damages;
* Shoulder Injury Related to Vaccine
v. * Administration (“SIRVA”); Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 17, 2015, Valerie Meyers (“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 related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”)
vaccine she received on September 21, 2012. Petition at 1; Stipulation, filed 4/7/2016,
¶ 4. Petitioner further alleges that she experienced the residual effects of her injury for
more than six months. Petition at 3, ¶ 5; Stipulation¶ 4. “Respondent denies that the flu
vaccine is the cause of petitioner’s shoulder injury or any other injury or her current
condition.” Stipulation, ¶ 6.
Nevertheless, on April 7, 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-01039-UNJ Document 29 Filed 05/19/16 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 $10,000.00, in the form of a check payable to petitioner.
Stipulation, ¶ 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-01039-UNJ Document 29 Filed 05/19/16 Page 3 of 7

Case 1:15-vv-01039-UNJ Document 29 Filed 05/19/16 Page 4 of 7

Case 1:15-vv-01039-UNJ Document 29 Filed 05/19/16 Page 5 of 7

Case 1:15-vv-01039-UNJ Document 29 Filed 05/19/16 Page 6 of 7

Case 1:15-vv-01039-UNJ Document 29 Filed 05/19/16 Page 7 of 7