VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00621
Package ID: USCOURTS-cofc-1_16-vv-00621
Petitioner: Irene Schurley
Filed: 2017-05-25
Decided: 2017-12-19
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Irene Schurley filed a petition for compensation under the National Vaccine Injury Compensation Program on May 25, 2016, alleging that she suffered left shoulder injuries as a result of an influenza vaccine she received on October 8, 2014. Ms. Schurley stated that the vaccination occurred in the United States and that her injury resulted in sequelae lasting more than six months. She also represented that she had not received any previous award or settlement for her injury. The respondent denied that the influenza vaccine caused her injuries. The parties later filed a joint stipulation for damages, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Irene Schurley was awarded a lump sum of $125,000.00 as compensation for all items of damages. The decision was issued on December 19, 2017. Paul R. Brazil represented the petitioner, and Ann Donohue Martin represented the respondent.

Theory of causation field:
Petitioner Irene Schurley alleged left shoulder injuries resulting from an October 8, 2014, influenza vaccination. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The public text does not describe the specific theory of causation, medical experts, onset, symptoms, tests, treatments, or the mechanism of injury. The case was resolved via stipulation, resulting in an award of $125,000.00 for all items of damages. The decision date was December 19, 2017. Petitioner counsel was Paul R. Brazil, and respondent counsel was Ann Donohue Martin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00621-0
Date issued/filed: 2017-12-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/30/2017) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00621-UNJ Document 36 Filed 12/19/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-621V
Filed: May 30, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
IRENE SCHURLEY, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccination;
* Shoulder Injury;
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Ann Donohue Martin, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 25, 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 left shoulder injuries as a result of her
October 8, 2014 influenza (“flu”) vaccine. Petition at 1; Stipulation, filed May 26, 2017,
at ¶¶ 2, 4. Petitioner further alleges that she received her vaccination in the United
States, and that she suffered the sequela of her injury for more than six months.
Stipulation at ¶¶ 3-4; Petition at ¶¶ 2, 17. Petitioner additionally represents that there
has been no previous award received, or settlement of a civil action for damages on her
behalf as a result of her injury. Stipulation at ¶ 5; Petition at ¶ 19. “Respondent denies
that the influenza vaccine caused petitioner to suffer left shoulder injuries or any other
injury.” 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-00621-UNJ Document 36 Filed 12/19/17 Page 2 of 7
Nevertheless, on May 26, 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 $125,000.00 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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