VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01385 Package ID: USCOURTS-cofc-1_15-vv-01385 Petitioner: Valerie Robertson Filed: 2016-05-26 Decided: 2016-09-23 Vaccine: influenza Vaccination date: 2014-10-15 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 91312 AI-assisted case summary: Valerie Robertson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2015. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 15, 2014. Ms. Robertson further alleged that she experienced residual effects from the injury for more than six months and that no prior award or settlement had been made for her condition. The respondent denied that the influenza vaccine caused Ms. Robertson's alleged left shoulder injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on May 25, 2016. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. The stipulation awarded Ms. Robertson a lump sum of $91,312.11, payable by check to petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the stipulation, unless a motion for review was filed. Jeffrey S. Pop represented the petitioner, and Lisa Ann Watts represented the respondent. Theory of causation field: Petitioner Valerie Robertson alleged a left shoulder injury related to vaccine administration (SIRVA) following an October 15, 2014, influenza vaccination. The respondent denied that the vaccine caused the alleged injury or any sequelae. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $91,312.11 to Ms. Robertson. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The award was based on a joint stipulation between the parties. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Lisa Ann Watts. The decision date was September 23, 2016. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01385-1 Date issued/filed: 2016-09-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/26/2016) regarding 18 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01385-UNJ Document 28 Filed 09/23/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1385V Filed: May 26, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * VALERIE ROBERTSON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza; * Shoulder Injury (“SIRVA”); SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 16, 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 related to vaccine administration (“SIRVA”) after receiving her October 15, 2014 influenza vaccination. Petition at 1; Stipulation, filed May 25, 2016, at ¶ 1-2. Petitioner further alleges that she suffered the residual effects of her injury for more than six months and that there has been no prior award or settlement of a civil action on her behalf for damages as a result of her condition. Petition at 5; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccine caused petitioner’s alleged left shoulder injury, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine- related injury. ” Stipulation at ¶ 6. 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-01385-UNJ Document 28 Filed 09/23/16 Page 2 of 7 Nevertheless, on May 25, 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. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $91,312.11 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 Case 1:15-vv-01385-UNJ Document 28 Filed 09/23/16 Page 3 of 7 Case 1:15-vv-01385-UNJ Document 28 Filed 09/23/16 Page 4 of 7 Case 1:15-vv-01385-UNJ Document 28 Filed 09/23/16 Page 5 of 7 Case 1:15-vv-01385-UNJ Document 28 Filed 09/23/16 Page 6 of 7 Case 1:15-vv-01385-UNJ Document 28 Filed 09/23/16 Page 7 of 7