VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00163
Package ID: USCOURTS-cofc-1_16-vv-00163
Petitioner: Tracy Conley
Filed: 2016-10-25
Decided: 2017-02-13
Vaccine: influenza
Vaccination date: 2013-09-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65296

AI-assisted case summary:
Tracy Conley filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 9, 2013. Ms. Conley stated that the vaccine was administered in the United States and that she experienced residual effects for more than six months. Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. The parties subsequently filed a joint stipulation for damages, 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. Ms. Conley was awarded a lump sum of $65,296.00, representing compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation and was entered on February 13, 2017. Petitioner counsel was James B. Blumenstiel of Blumenstiel Falvo, LLC, and respondent counsel was Lara A. Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Tracy Conley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 9, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The award was a lump sum of $65,296.00 for all damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued the decision on February 13, 2017, based on the joint stipulation. Petitioner counsel was James B. Blumenstiel, and respondent counsel was Lara A. Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00163-0
Date issued/filed: 2017-02-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/25/2016) regarding 44 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00163-UNJ Document 51 Filed 02/13/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0163V
Filed: October 25, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
TRACY CONLEY, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
James B. Blumenstiel, Blumenstiel Falvo, LLC, Dublin, OH, for petitioner.
Lara A. Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 3, 2016, Tracy Conley (“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 a shoulder injury related to vaccine administration (“SIRVA”) as a result of
receiving the influenza (“flu”) vaccine on September 9, 2013. Pet. at 1-4; Stip., filed Oct.
24, 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 1-4; 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 1:16-vv-00163-UNJ Document 51 Filed 02/13/17 Page 2 of 7
Nevertheless, on October 24, 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 $65,296.00 in the form of a check payable to petitioner,
Tracy Conley. 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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