VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01394
Package ID: USCOURTS-cofc-1_15-vv-01394
Petitioner: Lora McMullen
Filed: 2017-02-14
Decided: 2018-05-22
Vaccine: influenza
Vaccination date: 2014-09-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 149500

AI-assisted case summary:
Lora McMullen filed a petition for compensation under the National Vaccine Injury Compensation Program on February 14, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 23, 2014. She alleged the vaccine was administered in the United States, she suffered residual effects for more than six months, and had no prior civil action award for her condition. The respondent denied that the flu vaccine caused her alleged shoulder pain or any other injury. Despite the denial, the parties filed a joint stipulation on February 9, 2017, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as the decision of the Court. McMullen was awarded a lump sum of $149,500.00, representing compensation for all damages available under the Vaccine Act. The decision was issued on May 22, 2018.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01394-0
Date issued/filed: 2018-05-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/14/2017) regarding 33 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:15-vv-01394-UNJ Document 42 Filed 05/22/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1394V
Filed: February 14, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LORA MCMULLEN, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Althea Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 17, 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 shoulder injury related to vaccine
administration (“SIRVA”) as the result of a September 23, 2014 influenza (“flu”) vaccine.
Petition at 1-2; Stipulation, filed February 9, 2017, at ¶¶ 1-4. Petitioner further alleges
the vaccine was administered within the United States, she suffered the residual effects
of this injury for more than six months, and there has been no prior award or settlement
of a civil action for damages on her behalf as a result of her condition. Petition at 2-3;
Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner’s
alleged shoulder pain or any other injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on February 9, 2017, 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-01394-UNJ Document 42 Filed 05/22/18 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 $149,500.00 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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