VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00034 Package ID: USCOURTS-cofc-1_16-vv-00034 Petitioner: Catherine S. Jansen-Larson Filed: 2016-11-17 Decided: 2017-03-02 Vaccine: influenza Vaccination date: 2014-10-30 Condition: rotator cuff syndrome of the left shoulder and associated carpal tunnel Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Catherine S. Jansen-Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2016, alleging that she suffered from rotator cuff syndrome of the left shoulder and associated carpal tunnel as a result of receiving an influenza vaccine on October 30, 2014. She asserted that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no prior award or settlement had been made for her condition. Respondent denied that the flu vaccination caused her alleged injuries or current condition. Despite the denial, the parties filed a joint stipulation on November 17, 2016, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Catherine S. Jansen-Larson was awarded a lump sum of $65,000.00 as compensation for all items of damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00034-0 Date issued/filed: 2017-03-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/17/2016) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-034V Filed: November 17, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * CATHERINE S. JANSEN-LARSON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Rotator Cuff * Syndrome; Carpal Tunnel Syndrome; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 8, 2016, Catherine S. Jansen-Larson (“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” or “Program”). Petitioner alleges that she suffered from rotator cuff syndrome of the left shoulder and associated carpal tunnel as a result of receiving the influenza (“flu”) vaccine on October 30, 2014. Pet. at 1; Stip., filed Nov. 17, 2016, at ¶¶ 1, 2, 4. Petitioner further asserts 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 ¶¶ 3, 13, 17; Stip. at ¶¶ 3-5. Respondent denies that petitioner’s alleged injuries were caused-in-fact by her flu vaccination, and denies that the vaccine caused 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 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 2 of 7 Nevertheless, on November 17, 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 $65,000.00 in the form of a check payable to petitioner, Catherine S. Jansen-Larson. Stip. at ¶ 8. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). 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 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 3 of 7 Case 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 4 of 7 Case 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 5 of 7 Case 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 6 of 7 Case 1:16-vv-00034-UNJ Document 35 Filed 03/02/17 Page 7 of 7