VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01295
Package ID: USCOURTS-cofc-1_15-vv-01295
Petitioner: Lori McNeal
Filed: 2015-11-02
Decided: 2016-10-31
Vaccine: influenza
Vaccination date: 2013-09-27
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 200000

AI-assisted case summary:
Lori McNeal filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2015. She alleged that she suffered a left shoulder injury as a result of receiving an influenza vaccine on September 27, 2013, and that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused her injury. However, on August 15, 2016, both parties filed a joint stipulation 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. The parties stipulated that Lori McNeal would receive a lump sum of $200,000.00, payable by check to petitioner, representing compensation for all items of damages available under the Vaccine Act. The court approved this amount and directed that judgment be entered accordingly. Petitioner's counsel was Richard Gage of Richard Gage, P.C., and respondent's counsel was Douglas Ross of the U.S. Department of Justice. The specific medical details of the injury, its onset, symptoms, diagnostic tests, treatments, or the mechanism of causation were not described in the public decision, as the case was resolved by stipulation.

Theory of causation field:
Petitioner Lori McNeal alleged a left shoulder injury following an influenza vaccine administered on September 27, 2013. The respondent denied causation. The parties resolved the case via joint stipulation on August 15, 2016, agreeing to an award of $200,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The award was for all damages available under the Vaccine Act. The decision was made by Chief Special Master Nora Beth Dorsey. Petitioner was represented by Richard Gage, P.C., and respondent by the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01295-0
Date issued/filed: 2016-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/15/2016) 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-01295-UNJ Document 27 Filed 10/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1295V
Filed: August 15, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LORI MCNEAL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Left
* Shoulder Injury; Special Processing
SECRETARY OF HEALTH * Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Richard Gage, Richard Gage, P.C., Cheyenne, WY, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 2, 2015, Lori McNeal (“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 as a
result of receiving an influenza (“flu”) vaccine on September 27, 2013. Petition at 1;
Stipulation, filed August 15, 2016, at ¶ 3-4. Petitioner further alleges that she
experienced the residual effects of her injury for more than six months. Petition at 2;
Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner to suffer
from a left shoulder injury or any other injury.” Stipulation at ¶ 6.
Nevertheless, on August 15, 2016, 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.
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-01295-UNJ Document 27 Filed 10/31/16 Page 2 of 7
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $200,000.00, 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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