VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01531
Package ID: USCOURTS-cofc-1_15-vv-01531
Petitioner: Carole Batson
Filed: 2016-04-22
Decided: 2016-05-27
Vaccine: influenza
Vaccination date: 2013-01-09
Condition: shoulder injury
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Carole Batson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 22, 2016, alleging that she suffered a shoulder injury as a result of receiving an influenza vaccine on January 9, 2013. The petition stated that the vaccination occurred in the United States, that the effects of the injury lasted more than six months, and that no compensation had been received for the vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Batson's shoulder injury or any other injury or condition. On April 21, 2016, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the Court's decision. Ms. Batson was awarded a lump sum of $80,000.00, payable by check to Ms. Batson, representing compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Tara C. O’Mahoney, and respondent was represented by Lara A. Englund.

Theory of causation field:
Petitioner Carole Batson alleged a shoulder injury resulting from an influenza vaccine received on January 9, 2013. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $80,000.00 as a lump sum. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01531-0
Date issued/filed: 2016-05-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/22/2016) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01531-UNJ Document 27 Filed 05/27/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1531V
Filed: April 22, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CAROLE BATSON, *
*
Petitioner, * Joint Stipulation on Damages;
* Influenza (“Flu”) Vaccine; Shoulder
* Injury; Special Processing Unit (“SPU”)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Tara C. O’Mahoney, Law Offices of Chicago-Kent College of Law, Chicago, IL, for
petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 16, 2015, Carole Batson (“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 as a result of her receipt of an influenza (“flu”) vaccine on January 9, 2013.
Petition at 1; Stipulation, filed Apr. 21, 2016, at ¶¶ 1, 2, 4. Petitioner further alleges that
she received the vaccination in the United States, that she has suffered the effects of
her injury for more than six months, and that she has not received compensation for her
vaccine related injury. Pet. at ¶¶ 4, 48, 50; see also Stip. at ¶¶ 3-5. Respondent denies
that the flu vaccine is the cause of petitioner’s shoulder injury 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-01531-UNJ Document 27 Filed 05/27/16 Page 2 of 7
Nevertheless, on April 21, 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 $80,000.00 in the form of a check payable to petitioner. Stip.
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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