VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00907
Package ID: USCOURTS-cofc-1_16-vv-00907
Petitioner: Eloise M. Viater
Filed: 2017-08-11
Decided: 2018-02-05
Vaccine: influenza
Vaccination date: 2015-08-19
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Eloise M. Viater filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on August 19, 2015, caused her to suffer a left shoulder injury related to vaccine administration (SIRVA). She further alleged that her injury lasted for more than six months. Respondent denied that the flu vaccine caused petitioner to suffer from a shoulder injury or any other injury. Nevertheless, on August 11, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Eloise M. Viater was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to petitioner.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00907-0
Date issued/filed: 2018-02-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/11/2017) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00907-UNJ Document 35 Filed 02/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0907V
Filed: August 11, 2017
UNPUBLISHED
ELOISE M. VIATER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
Related to Vaccine Administration
(SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Douglas Ross, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 29, 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 as a result of an influenza (“flu”) vaccine she received on
August 19, 2015, she suffered a left shoulder injury related to vaccine administration
(“SIRVA”). Petition at 1; Stipulation, filed August 11, 2017, at ¶ 4. Petitioner further
alleges that her injury lasted for more than six months. Petition at 4; Stipulation at ¶ 4.
“Respondent denies that the flu vaccine caused petitioner to suffer from a shoulder
injury or any other injury.” Stipulation at ¶ 6.
Nevertheless, on August 11, 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.
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-00907-UNJ Document 35 Filed 02/05/18 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $75,000.00, 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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