VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00825
Package ID: USCOURTS-cofc-1_16-vv-00825
Petitioner: Sherika English
Filed: 2017-05-25
Decided: 2017-12-19
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 110000

AI-assisted case summary:
Sherika English filed a petition for compensation under the National Vaccine Injury Compensation Program on July 11, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 1, 2015. Ms. English stated that the vaccination was administered in the United States, that she experienced residual effects for more than six months, and that no prior civil action for damages had been filed on her behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. English's alleged SIRVA or any other injury. On May 25, 2017, the parties filed a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms. English was awarded a lump sum of $110,000.00, 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. Petitioner was represented by John Howie, Jr. of Howie Law, PC, and respondent was represented by Linda Renzi of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sherika English filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 1, 2015. The respondent denied causation. The parties filed a joint stipulation for damages, leading to an award. The public text does not specify the theory of causation, the mechanism of injury, or any expert testimony. The award was $110,000.00 as a lump sum. The decision was made by Chief Special Master Nora Beth Dorsey on December 19, 2017, based on a stipulation filed May 25, 2017. Petitioner's counsel was John Howie, Jr., and respondent's counsel was Linda Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00825-0
Date issued/filed: 2017-12-19
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/26/2017) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-00825-UNJ Document 41 Filed 12/19/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-825V
Filed: May 26, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SHERIKA ENGLISH, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”); Shoulder Injury
* Related to Vaccine Administration
SECRETARY OF HEALTH * (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
John Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 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 on October 1, 2015.
Petition at 1; Stipulation, filed May 25, 2017, at ¶ 1. Petitioner further alleges that the
vaccination was administered within the United States, that she experienced the
residual effects of this condition for more than six months, and that there has been no
prior award or settlement of a civil action for damages on her behalf as a result of her
condition. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that the flu
vaccine is the cause of petitioner’s alleged SIRVA or 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-00825-UNJ Document 41 Filed 12/19/17 Page 2 of 7
Nevertheless, on May 25, 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 $110,000.00 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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