VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00457
Package ID: USCOURTS-cofc-1_16-vv-00457
Petitioner: Patricia Swanson
Filed: 2016-11-30
Decided: 2017-03-09
Vaccine: influenza
Vaccination date: 2014-10-02
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Patricia Swanson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2016, on behalf of herself. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2014. Ms. Swanson stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 28, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. The parties stipulated that Ms. Swanson would receive $140,000.00 as compensation for all items of damages. This amount was to be paid as a lump sum via check payable to Patricia Swanson. The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner's counsel was Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Gordon E. Shemin of the U.S. Department of Justice. The public decision does not name any medical experts or detail the specific mechanism of injury.

Theory of causation field:
Patricia Swanson filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) after an influenza vaccination on October 2, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on March 9, 2017. Petitioner received a lump sum award of $140,000.00 for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. Petitioner was represented by Ronald C. Homer, and respondent was represented by Gordon E. Shemin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00457-0
Date issued/filed: 2017-03-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/30/2016) regarding 23 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00457-UNJ Document 27 Filed 03/09/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0457V
Filed: November 30, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
PATRICIA SWANSON, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Ronald C. Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner.
Gordon E. Shemin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 11, 2016, Patricia Swanson (“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”) as a result of receiving an influenza
(“flu”) vaccination October 2, 2014. Pet. at 1; Stip., filed Nov. 28, 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 ¶¶ 15-17; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine
caused any injury to petitioner. Stip. at ¶ 6.
Nevertheless, on November 28, 2016, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00457-UNJ Document 27 Filed 03/09/17 Page 2 of 7
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 $140,000.00 in the form of a check payable to petitioner,
Patricia Swanson. 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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