VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00129
Package ID: USCOURTS-cofc-1_16-vv-00129
Petitioner: Joan Walton
Filed: 2016-08-11
Decided: 2016-10-31
Vaccine: influenza
Vaccination date: 2014-09-15
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 127500

AI-assisted case summary:
Joan Walton filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 15, 2014. Petitioner stated the immunization was administered in the United States, she experienced residual effects for over six months, and had no prior award or settlement for this condition. The respondent denied that the flu vaccine caused her injury. Despite this denial, the parties filed a joint stipulation on August 9, 2016, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the court's decision. Joan Walton was awarded a lump sum of $127,500.00, representing compensation for all available items of damages. Petitioner counsel was Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent counsel was Douglas Ross of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Joan Walton alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 15, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific mechanism of injury or cite expert medical opinions. Petitioner was awarded $127,500.00 as a lump sum for all damages. Attorneys for petitioner were Conway, Homer & Chin-Caplan, P.C., and for respondent was the U.S. Department of Justice. The decision date was October 31, 2016.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00129-0
Date issued/filed: 2016-10-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/11/2016) regarding 20 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00129-UNJ Document 27 Filed 10/31/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-129V
Filed: August 11, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JOAN WALTON, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 27, 2016, 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 an influenza (“flu”) vaccination on September 15,
2014. Petition at 1; Stipulation, filed August 9, 2016, at ¶¶ 2, 4. Petitioner further
alleges that the immunization was administered within the United States, she has
experienced residual effects of this 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 16; Stipulation at ¶¶ 3-5. “Respondent denies that the flu
vaccine caused petitioner to suffer from a shoulder injury or any other injury. ”
Stipulation 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-00129-UNJ Document 27 Filed 10/31/16 Page 2 of 7
Nevertheless, on August 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 $127,500.00 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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