VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00323 Package ID: USCOURTS-cofc-1_16-vv-00323 Petitioner: Christine Reynolds Filed: 2016-03-14 Decided: 2017-12-14 Vaccine: influenza Vaccination date: 2014-10-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Christine Reynolds filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2014. Ms. Reynolds further alleged that the vaccination was administered within the United States and that she experienced residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer from a shoulder injury or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on May 15, 2017, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the terms of the stipulation, Ms. Reynolds was awarded a lump sum of $90,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation of the parties. Ronald Homer of Conway, Homer, P.C. represented the petitioner, and Douglas Ross of the U.S. Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Theory of causation field: Petitioner Christine Reynolds alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 11, 2014. The respondent denied that the flu vaccine caused the injury. The parties filed a joint stipulation agreeing to an award of compensation. The Special Master adopted the stipulation, awarding $90,000.00. The public text does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the parties' stipulation for resolution. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00323-0 Date issued/filed: 2017-12-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/15/2017) regarding 35 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00323-UNJ Document 44 Filed 12/14/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-323V Filed: May 15, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * CHRISTINE REYNOLDS, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer, 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 March 14, 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 October 11, 2014. Petition at 1; Stipulation, filed May 15, 2017, at ¶ 1. Petitioner further alleges the vaccination was administered within the United States, that she experienced residual effects of this injury for more than six months, and that there has. Petition at 6; 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. Nevertheless, on May 15, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00323-UNJ Document 44 Filed 12/14/17 Page 2 of 7 finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $90,000.00 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 Case 1:16-vv-00323-UNJ Document 44 Filed 12/14/17 Page 3 of 7 Case 1:16-vv-00323-UNJ Document 44 Filed 12/14/17 Page 4 of 7 Case 1:16-vv-00323-UNJ Document 44 Filed 12/14/17 Page 5 of 7 Case 1:16-vv-00323-UNJ Document 44 Filed 12/14/17 Page 6 of 7 Case 1:16-vv-00323-UNJ Document 44 Filed 12/14/17 Page 7 of 7