VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01276
Package ID: USCOURTS-cofc-1_15-vv-01276
Petitioner: Janice Elliott
Filed: 2015-10-28
Decided: 2016-10-31
Vaccine: influenza
Vaccination date: 2014-12-01
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
On October 28, 2015, Janice Elliott filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused by her influenza vaccination on December 1, 2014. Ms. Elliott claimed her injury persisted for more than six months and that she had received no prior compensation. The respondent denied that the flu vaccine caused her injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on August 16, 2016. The court, through Chief Special Master Nora Beth Dorsey, reviewed the stipulation and found it reasonable. The decision adopted the stipulation, awarding Janice Elliott $105,000.00 as compensation for all damages. This lump sum was to be paid via check to the petitioner. The decision date was October 31, 2016. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by Ms. Elliott.

Theory of causation field:
Petitioner Janice Elliott alleged that her December 1, 2014, influenza vaccination caused a left shoulder injury that persisted for more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by the court. The stipulation did not detail a specific theory of causation or name any experts. The award was $105,000.00 for all damages. Chief Special Master Nora Beth Dorsey issued the decision on October 31, 2016. Petitioner was represented by Paul R. Brazil, and respondent by Traci R. Patton. The specific mechanism of injury and whether it fell under a "Table" injury were not described in the public decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01276-0
Date issued/filed: 2016-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/17/2016) regarding 23 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01276-UNJ Document 32 Filed 10/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1276V
Filed: August 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JANICE ELLIOTT, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Left Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 28, 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 a left shoulder injury that was
caused-in-fact by her December 1, 2014 influenza (“flu”) vaccination. Petition at 1-3;
Stipulation, filed August 16, 2016, at ¶¶ 2, 4. Petitioner further alleges that her injury
persisted for more than six months, and that she has received no prior compensation in
the form of an award or settlement as a result of her injury. Petition at ¶¶13, 16;
Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s left
shoulder injury, or any other injury or condition.” Stipulation at ¶ 6.
Nevertheless, on August 16, 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-01276-UNJ Document 32 Filed 10/31/16 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 $105,000.00 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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