VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01135
Package ID: USCOURTS-cofc-1_15-vv-01135
Petitioner: Robert Leonard
Filed: 2015-10-07
Decided: 2017-03-09
Vaccine: influenza
Vaccination date: 2015-01-27
Condition: shoulder injury
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Robert Leonard filed a petition for compensation under the National Vaccine Injury Compensation Program on October 7, 2015, alleging he suffered a shoulder injury as a result of receiving an influenza vaccine and a pneumococcal conjugate vaccine on January 27, 2015. He further alleged that he suffered the residual effects of this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused his shoulder injury or any other condition. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. The parties stipulated that Robert Leonard would receive a lump sum of $70,000.00 as compensation for all items of damages available under the Vaccine Act. The court approved this amount and directed that judgment be entered accordingly.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01135-0
Date issued/filed: 2017-03-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/30/2016) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01135-UNJ Document 31 Filed 03/09/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1135V
Filed: November 30, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ROBERT LEONARD, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) and Pneumococcal
* Conjugate Vaccines; Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Martin James Martinez, Law Offices, Napa, CA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 7, 2015, Robert Leonard (“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 he suffered a shoulder
injury as a result of receiving an influenza (“flu”) vaccine and a pneumococcal conjugate
vaccine on January 27, 2015. Petition at 1; Stipulation, filed November 30, 2016, at ¶ 2,
4. Petitioner further alleges that he suffered the residual effects of this alleged injury for
more than six months. Stipulation at ¶ 4. “Respondent denies that the influenza or
pneumococcal conjugate immunizations caused petitioner’s shoulder injury or any other
injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on November 30, 2016, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01135-UNJ Document 31 Filed 03/09/17 Page 2 of 7
undersigned 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 $70,000.00, 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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