VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01407
Package ID: USCOURTS-cofc-1_15-vv-01407
Petitioner: Isabelle Cowans
Filed: 2015-11-19
Decided: 2017-01-10
Vaccine: influenza
Vaccination date: 2014-10-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35314

AI-assisted case summary:
Isabelle Cowans filed a petition for compensation under the National Vaccine Injury Compensation Program on November 19, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 10, 2014. Ms. Cowans further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. The respondent denied that the flu vaccine caused petitioner’s alleged SIRVA, any other injury, or her current disabilities. Nevertheless, on October 7, 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 decision of the Court. The award included a lump sum of $35,000.00 payable to petitioner for pain and suffering, and a lump sum of $314.70 to reimburse a lien for services rendered, payable jointly to petitioner and the Illinois Department of Healthcare and Family Services. Petitioner agreed to endorse the latter check to the State of Illinois. The total compensation awarded was $35,314.70. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Isabelle Cowans alleged a shoulder injury related to vaccine administration (SIRVA) following an October 10, 2014, influenza vaccination, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award was based on the stipulation, totaling $35,314.70, consisting of $35,000.00 for pain and suffering and $314.70 for reimbursement of a lien for services. Chief Special Master Nora Beth Dorsey issued the decision on January 10, 2017. Petitioner was represented by Jeffrey S. Pop, and respondent by Claudia Barnes Gangi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01407-0
Date issued/filed: 2017-01-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/11/2016) regarding 27 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01407-UNJ Document 36 Filed 01/10/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1407V
Filed: October 11, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
ISABELLE COWANS, *
*
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.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 19, 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”) following her October 10, 2014 influenza vaccination. Petition
at 2-3; Stipulation, filed October 7, 2016, at ¶ 4. Petitioner further alleges that she
experienced residual effects of her injury for more than six months and that 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 3; Stipulation at ¶¶ 4-5. “Respondent denies that the flu
vaccine caused petitioner’s alleged SIRVA, any other injury, or her current disabilities. ”
Stipulation at ¶ 6.
Nevertheless, on October 7, 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-01407-UNJ Document 36 Filed 01/10/17 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 $35,000.00 in the form of a check payable to
petitioner; and
• A lump sum of $314.70, which amount represents reimbursement of
a lien for services rendered on behalf of petitioner, in the form of a
check payable jointly to petitioner and
Illinois Department of Healthcare and Family Services
Bureau of Collections
Technical Recovery Section
401 S. Clinton, 5th Floor
Chicago, Illinois 60607-3800
Case No.: 93-226-0000F38303
Stipulation at ¶ 8.
Petitioner agrees to endorse this check to the State of Illinois. These amounts
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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