VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00460
Package ID: USCOURTS-cofc-1_16-vv-00460
Petitioner: Linda K. Russell
Filed: 2016-11-17
Decided: 2017-03-02
Vaccine: influenza
Vaccination date: 2013-10-19
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 105529

AI-assisted case summary:
Linda K. Russell filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2016, on behalf of herself. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 19, 2013. Ms. Russell stated that the vaccine was administered in the United States and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 16, 2016. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Ms. Russell was awarded $105,529.92 as compensation for all items of damages available under the Vaccine Act. The decision was issued on March 2, 2017. Petitioner's counsel was Daniel Leeper of Leeper & Leeper, and respondent's counsel was Jennifer Reynaud of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Linda K. Russell alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 19, 2013. The respondent denied that the flu vaccine caused the alleged injury. The parties filed a joint stipulation for damages, and the Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $105,529.92. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to settle. The award covers all damages available under the Vaccine Act. The decision date was March 2, 2017. Petitioner was represented by Daniel Leeper, and respondent by Jennifer Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00460-0
Date issued/filed: 2017-03-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/17/2016) regarding 16 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00460-UNJ Document 26 Filed 03/02/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-460V
Filed: November 17, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LINDA K. RUSSELL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”); Special Processing
AND HUMAN SERVICES, * Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Daniel Leeper, Leeper & Leeper, St. Petersburg, FL, for petitioner.
Jennifer Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 11, 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 administered on
October 19, 2013. Petition at 1; Stipulation, filed November 16, 2016, at ¶¶ 2, 3.
Petitioner further alleges the vaccine was administered within the United States, that
she suffered the residual effects of her alleged 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.
Petition at 1, 9; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged
shoulder injury and residual effects were caused-in-fact by the flu vaccine. Respondent
further denies that the flu vaccine caused petitioner any other injury or her current
condition.” Stipulation 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-00460-UNJ Document 26 Filed 03/02/17 Page 2 of 7
Nevertheless, on November 16, 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 $105,529.92 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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