VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00961
Package ID: USCOURTS-cofc-1_16-vv-00961
Petitioner: Marylin Smith
Filed: 2016-08-08
Decided: 2018-02-02
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 132000

AI-assisted case summary:
Marylin Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2016, alleging that she suffered a left shoulder injury caused by her influenza vaccination on October 7, 2015. She claimed residual effects for more than six months. The respondent denied that the flu vaccine caused her injury or its residual effects. Nevertheless, the parties filed a joint stipulation on August 25, 2017, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Marylin Smith was awarded a lump sum of $132,000.00, payable by check, for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Michael Adly Baseluos, and respondent was represented by Adriana Ruth Teitel.

Theory of causation field:
Petitioner Marylin Smith alleged that her left shoulder injury, resulting in residual effects for more than six months, was caused-in-fact by her October 7, 2015, influenza vaccination. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The award was $132,000.00. The theory of causation is identified as 'Off-Table' in the provided data. The public decision does not detail the specific mechanism of injury, medical experts, or the evidence considered beyond the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00961-0
Date issued/filed: 2018-02-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/25/2017) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-00961-UNJ Document 44 Filed 02/02/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-961V
Filed: August 25, 2017
UNPUBLISHED
MARYLIN SMITH,
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.
Michael Adly Baseluos, San Antonio, TX, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 8, 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 left shoulder injury that was caused-in-fact
by her October 7, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed
August 25, 2017, at ¶ 4. Petitioner further alleges 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 2; Stipulation at ¶¶
4-5. “Respondent denies that petitioner’s alleged left shoulder injury and its residual
effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu
vaccine caused petitioner any other injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on August 25, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00961-UNJ Document 44 Filed 02/02/18 Page 2 of 7
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 $132,000.00 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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