VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00555
Package ID: USCOURTS-cofc-1_16-vv-00555
Petitioner: Nancy N. Relyea
Filed: 2016-10-14
Decided: 2017-02-02
Vaccine: influenza
Vaccination date: 2013-10-16
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 42227

AI-assisted case summary:
Nancy N. Relyea filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 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 16, 2013. Ms. Relyea stated that the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months. She also affirmed that there had been no prior award or settlement of a civil action for damages related to her condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Relyea's alleged SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on October 14, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms. Relyea was awarded a lump sum of $42,227.97, payable to her, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner counsel was Carol L. Gallagher of Carol L. Gallagher, Esquire, LLC, and respondent counsel was Douglas Ross of the U.S. Department of Justice.

Theory of causation field:
Petitioner Nancy N. Relyea alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 16, 2013. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $42,227.97. The theory of causation is based on the Vaccine Injury Table, as indicated by the "Table" designation in the source data. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Petitioner counsel was Carol L. Gallagher, and respondent counsel was Douglas Ross. The decision date was February 2, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00555-0
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-00555-UNJ Document 28 Filed 02/02/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0555V
Filed: October 14, 2016
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
NANCY N. RELYEA, *
*
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. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Carol L. Gallagher, Esquire, LLC, Linwood, NJ, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 6, 2016, Nancy N. Relyea (“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” or “Program”). Petitioner alleges that she suffered a shoulder
injury related to vaccine administration (“SIRVA”) as a result of receiving the influenza
(“flu”) vaccine on October 16, 2013. Pet. at 1; Stip., filed Oct. 14, 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 ¶¶ 2, 13, 16, 17; Stip. at ¶¶ 3-5. Respondent denies that the flu
vaccine caused petitioner to suffer from SIRVA or any other injury. Stip. at ¶ 6.
Nevertheless, on October 14, 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-00555-UNJ Document 28 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 $42,227.97 in the form of a check payable to petitioner,
Nancy N. Relyea. 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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