VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00680 Package ID: USCOURTS-cofc-1_16-vv-00680 Petitioner: Virginia A. Calfee Filed: 2017-03-28 Decided: 2017-11-17 Vaccine: influenza Vaccination date: 2014-09-19 Condition: shoulder injury Outcome: compensated Award amount USD: 40189 AI-assisted case summary: Virginia A. Calfee filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2016. She alleged that she suffered a shoulder injury caused by her influenza vaccination on September 19, 2014. Ms. Calfee further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of her condition. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused any injury to the petitioner and denied that she suffered residual effects of the alleged vaccine-related injury for more than six months. On March 28, 2017, the parties filed a joint stipulation stating that a decision should be entered awarding compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $189.53 to reimburse a State of Virginia Medicaid lien, payable jointly to petitioner and the Department of Medical Assistance Services. Petitioner agreed to endorse this payment to the State. Additionally, petitioner was awarded a lump sum of $40,000.00, payable to petitioner, representing compensation for all remaining items of damages. The total award was $40,189.53. Elizabeth Martin Muldowney represented the petitioner, and Gordon Elliot Shemin represented the respondent. Theory of causation field: Petitioner Virginia A. Calfee alleged a shoulder injury caused by her September 19, 2014 influenza vaccination, with residual effects lasting more than six months. Respondent denied causation and duration of residual effects. The parties filed a joint stipulation for compensation on March 28, 2017. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $189.53 for a Medicaid lien and $40,000.00 for all other damages, totaling $40,189.53. The specific medical theory of causation, expert testimony, or mechanism of injury was not detailed in the public decision, as the case was resolved via stipulation. Petitioner was represented by Elizabeth Martin Muldowney, and respondent by Gordon Elliot Shemin. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00680-0 Date issued/filed: 2017-11-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/28/2017) regarding 31 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-00680-UNJ Document 43 Filed 11/17/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-680V Filed: March 28, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * VIRGINIA A. CALFEE, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza; * Shoulder Injury; SIRVA; SECRETARY OF HEALTH * Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Elizabeth Martin Muldowney, Rawls, McNelis & Mitchell, PC, Richmond, VA, for petitioner. Gordon Elliot Shemin, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 9, 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 caused by her September 19, 2014 influenza vaccination. Petition at 1; Stipulation, filed March 28, 2017, at ¶ 4. Petitioner further alleges that she experienced 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. Petition at 7; Stipulation at ¶¶ 4-5. “Respondent denies that the flu immunization caused any injury to petitioner, and further denies that petitioner suffered the residual effects of the alleged vaccine-related injury for more than six months. ” 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-00680-UNJ Document 43 Filed 11/17/17 Page 2 of 7 Nevertheless, on March 28, 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. The parties stipulate that petitioner shall receive the following compensation: • A lump sum of $189.53, which represents reimbursement of a State of Virginia Medicaid lien, in the form of a check payable jointly to petitioner and: Department of Medical Assistance Services Fiscal Division, TPL Unit 600 East Broad Street Richmond, VA 23219 Petitioner agrees to endorse this payment to the State. Stipulation at ¶ 8(a); and • A lump sum of $40,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8(b). This amount represents compensation for all remaining 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-00680-UNJ Document 43 Filed 11/17/17 Page 3 of 7 Case 1:16-vv-00680-UNJ Document 43 Filed 11/17/17 Page 4 of 7 Case 1:16-vv-00680-UNJ Document 43 Filed 11/17/17 Page 5 of 7 Case 1:16-vv-00680-UNJ Document 43 Filed 11/17/17 Page 6 of 7 Case 1:16-vv-00680-UNJ Document 43 Filed 11/17/17 Page 7 of 7