VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00377
Package ID: USCOURTS-cofc-1_16-vv-00377
Petitioner: Carolyn Wagner
Filed: 2016-10-14
Decided: 2017-02-02
Vaccine: influenza
Vaccination date: 2014-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Carolyn Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on September 30, 2014. Ms. Wagner further alleged that she experienced residual effects from the injury for more than six months and had no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the SIRVA was caused by the vaccination. Despite the respondent's denial, the parties filed a joint stipulation for compensation on October 13, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Carolyn Wagner was awarded a lump sum of $110,000.00, payable to her, as compensation for all items of damages. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Debra A. Filteau Begley. The decision was issued on February 2, 2017.

Theory of causation field:
Petitioner Carolyn Wagner alleged that her September 30, 2014 influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset. Petitioner was awarded $110,000.00 as a lump sum. The theory of causation is noted as 'Off-Table' in the provided data. Attorneys involved were Jeffrey S. Pop for the petitioner and Debra A. Filteau Begley for the respondent. The decision date was February 2, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00377-0
Date issued/filed: 2017-02-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/14/2016) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00377-UNJ Document 27 Filed 02/02/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0377V
Filed: October 14, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
CAROLYN WAGNER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, for petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 24, 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”) that was caused-in-fact by her September 30, 2014 influenza
(“flu”) vaccination. Petition at 1; Stipulation, filed October 13, 2016, at ¶¶ 2, 4.
Petitioner further alleges that she suffered 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 on her behalf as a result of her condition.” Stipulation at ¶¶ 4-5; Petition at ¶¶
20-21. “Respondent denies that petitioner’s alleged SIRVA, or any other injury, was
caused-in-fact by her flu vaccination.” Stipulation at ¶ 6.
Nevertheless, on October 13, 2016, 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-00377-UNJ Document 27 Filed 02/02/17 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.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $110,000.00 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

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