VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01361
Package ID: USCOURTS-cofc-1_15-vv-01361
Petitioner: Merle Galper
Filed: 2015-11-12
Decided: 2016-05-31
Vaccine: influenza
Vaccination date: 2014-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 105000

AI-assisted case summary:
Merle Galper filed a petition for compensation on November 12, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2014. She further alleged that she experienced the residual effects of her injury for more than six months. The respondent denied that the flu vaccine caused petitioner's alleged SIRVA and residual effects, or any other injury. Despite the respondent's denial, on May 27, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Merle Galper was awarded a lump sum of $105,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. The decision was finalized on May 31, 2016. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

Theory of causation field:
Petitioner Merle Galper alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 28, 2014, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $105,000.00. The specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, tests, and treatments were not described in the public decision. The decision was finalized on May 31, 2016. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Voris Edward Johnson.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01361-0
Date issued/filed: 2016-07-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:15-vv-01361-UNJ Document 32 Filed 07/06/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1361V
Filed: May 31, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MERLE GALPER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”); Special
AND HUMAN SERVICES, * Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 12, 2015, Merle Galper (“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 that was administered to her on September 28, 2014. Petition at 1, 4-5;
Stipulation, filed May 27, 2016, at ¶ 4. Petitioner further alleges that she experienced
the residual effects of her injury for more than six months. Petition at 5; Stipulation at ¶
4. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA and
residual effects, or any other injury.” Stipulation at ¶ 6.
Nevertheless, on May 27, 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-01361-UNJ Document 32 Filed 07/06/16 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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