VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00879
Package ID: USCOURTS-cofc-1_16-vv-00879
Petitioner: Lillian Barna
Filed: 2017-11-14
Decided: 2018-02-28
Vaccine: influenza
Vaccination date: 2015-10-06
Condition: frozen shoulder
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Lillian Barna filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2016, alleging that she suffered a frozen shoulder causally related to an influenza vaccine received on October 6, 2015. Ms. Barna stated that she received the vaccination in the United States and suffered residual effects of her injury for more than six months. She also affirmed that neither she nor anyone else had filed a lawsuit or accepted a settlement or award for her alleged vaccine-caused injury. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner to suffer from a shoulder injury or any other injury. Despite the denial, on November 13, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Lillian Barna was awarded a lump sum of $60,000.00, payable to petitioner, as compensation for all items of damages. The decision was issued on February 28, 2018. Petitioner was represented by Franklin John Caldwell, Jr. of Maglio Christopher & Toale, PA, and respondent was represented by Douglas Ross of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lillian Barna alleged that she suffered a frozen shoulder causally related to an influenza vaccine administered on October 6, 2015. Respondent denied causation. The parties filed a joint stipulation on November 13, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The award was a lump sum of $60,000.00 for all items of damages. The decision date was February 28, 2018. Petitioner's counsel was Franklin John Caldwell, Jr. of Maglio Christopher & Toale, PA, and respondent's counsel was Douglas Ross of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00879-0
Date issued/filed: 2018-02-28
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00879-UNJ Document 39 Filed 02/28/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0879V
Filed: November 14, 2017
UNPUBLISHED
LILLIAN BARNA,
Special Processing Unit (SPU); Joint
Petitioner,
Stipulation on Damages; Influenza
v.
Vaccine; Shoulder Injury Related to
Vaccine Administration (SIRVA);
SECRETARY OF HEALTH AND
Frozen Shoulder
HUMAN SERVICES,
Respondent.
Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 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 a frozen shoulder causally related to an
adverse reaction to the influenza vaccine she received on October 6, 2015. Petition at
¶¶ 1, 5-6; Stipulation, filed Nov. 13, 2017, at ¶¶ 1-2, 4. Petitioner further alleges that
she received the vaccination in the United States, that she suffered the residual effects
of her injury for more than six months, and that neither she nor anyone else has filed a
lawsuit or accepted a settlement or award for her injury alleged to be vaccine caused.
Petition at ¶¶ 1, 7, 10; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine
caused petitioner to suffer from a shoulder injury or any other injury.” Stipulation at ¶ 6.
Nevertheless, on November 13, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00879-UNJ Document 39 Filed 02/28/18 Page 2 of 7
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 $60,000.00 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 § 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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