VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01508
Package ID: USCOURTS-cofc-1_15-vv-01508
Petitioner: Aileen Goner
Filed: 2015-12-14
Decided: 2017-04-19
Vaccine: influenza
Vaccination date: 2014-08-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50678

AI-assisted case summary:
Aileen Goner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on August 29, 2014. She stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on December 9, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Aileen Goner was awarded a lump sum of $50,678.27, representing compensation for all damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision, absent a motion for review.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01508-0
Date issued/filed: 2017-04-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/12/2016) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01508-UNJ Document 39 Filed 04/19/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1508V
Filed: December 12, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
AILEEN GONER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit
AND HUMAN SERVICES, * (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
F. John Caldwell, Jr., Maglio Christopher & Toale, PC, Sarasota, FL, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 14, 2015, Aileen Goner (“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 receiving an influenza
(“flu”) vaccination August 29, 2014. Pet. at 1-3; Stip., filed Dec. 9, 2016, at ¶¶ 1, 2, 4.
Petitioner further states that the vaccine was administered in the United States, that she
experienced 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 for damages as a result of her
condition. Pet. at ¶¶ 1, 8, 10, 11; Stip. at ¶¶ 3-5. Respondent denies that the flu
vaccine is the cause of petitioner’s alleged SIRVA or any other injury or her current
condition. Stip. 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-01508-UNJ Document 39 Filed 04/19/17 Page 2 of 7
Nevertheless, on December 9, 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 $50,678.27 in the form of a check payable to petitioner,
Aileen Goner. Stip. at ¶ 8. This amount represents compensation for all
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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