VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00445
Package ID: USCOURTS-cofc-1_16-vv-00445
Petitioner: Regina Murrell
Filed: 2016-04-08
Decided: 2017-12-05
Vaccine: influenza
Vaccination date: 2014-10-18
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Regina Murrell filed a petition for compensation under the National Vaccine Injury Compensation Program on April 8, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on October 18, 2014. Ms. Murrell further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement for this injury. The respondent denied that the vaccine caused her alleged injuries or current condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on April 3, 2017. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Ms. Murrell was awarded a lump sum of $60,000.00, payable to her, as compensation for all items of damages. The decision was based on this joint stipulation. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP. Respondent's counsel was Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Regina Murrell alleged that her October 18, 2014 influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied that the vaccination caused the alleged injury or current condition. The parties filed a joint stipulation for damages, and the Special Processing Unit (“SPU”) adopted the stipulation as the decision of the Court. Petitioner was awarded $60,000.00 as compensation for all items of damages. The theory of causation was not detailed in the public decision, but the outcome was compensation based on a joint stipulation. The decision was issued by Chief Special Master Nora Beth Dorsey on December 5, 2017. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00445-0
Date issued/filed: 2017-12-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/04/2017) regarding 24 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00445-UNJ Document 33 Filed 12/05/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-445V
Filed: April 4, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
REGINA MURRELL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza;
* Shoulder Injury; SIRVA;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 8, 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 October 18, 2014 influenza
vaccination. Petition at 1; Stipulation, filed April 3, 2017, at ¶ 4. Petitioner further
alleges that she experienced 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 alleged injury. Petition at 3; Stipulation at ¶¶ 4-5. “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. ” Stipulation at ¶ 6.
Nevertheless, on April 3, 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-00445-UNJ Document 33 Filed 12/05/17 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 $60,000.00 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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