VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00556 Package ID: USCOURTS-cofc-1_16-vv-00556 Petitioner: Hope O’Bannon Filed: 2017-10-18 Decided: 2018-02-22 Vaccine: influenza Vaccination date: 2014-10-03 Condition: rotator cuff tendinopathy and adhesive capsulitis Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Hope O’Bannon filed a petition for compensation under the National Vaccine Injury Compensation Program on October 18, 2017, alleging that an influenza vaccination received on October 3, 2014, caused shoulder injuries, specifically rotator cuff tendinopathy and adhesive capsulitis. She stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused her alleged shoulder injuries. Despite the denial, the parties filed a joint stipulation on October 18, 2017, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Hope O’Bannon was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the decision, and the parties were informed of their right to seek review. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00556-0 Date issued/filed: 2018-02-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/18/2017) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00556-UNJ Document 46 Filed 02/22/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0556V Filed: October 18, 2017 UNPUBLISHED HOPE O’BANNON, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury; v. Rotator Cuff Tendinopathy; Adhesive Capsulitis SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On May 6, 2016, Hope O’Bannon (“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 an influenza (“flu”) vaccination on October 3, 2014, caused shoulder injuries, namely rotator cuff tendinopathy and adhesive capsulitis. Pet. at ¶ 9; Stip., filed Oct. 18, 2017, at ¶¶ 1, 2, 4. Petitioner further alleges 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, 9, 10, 12; Stip. at ¶¶ 3-5. Respondent denies that the flu immunization is the cause of petitioner’s alleged shoulder injuries or any other injury or condition. Stip. 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-00556-UNJ Document 46 Filed 02/22/18 Page 2 of 7 Nevertheless, on October 18, 2017, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $40,000.00 in the form of a check payable to petitioner, Hope O’Bannon. 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 Case 1:16-vv-00556-UNJ Document 46 Filed 02/22/18 Page 3 of 7 Case 1:16-vv-00556-UNJ Document 46 Filed 02/22/18 Page 4 of 7 Case 1:16-vv-00556-UNJ Document 46 Filed 02/22/18 Page 5 of 7 Case 1:16-vv-00556-UNJ Document 46 Filed 02/22/18 Page 6 of 7 Case 1:16-vv-00556-UNJ Document 46 Filed 02/22/18 Page 7 of 7