VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00985 Package ID: USCOURTS-cofc-1_16-vv-00985 Petitioner: Linda Multer Filed: 2018-03-20 Decided: 2018-06-12 Vaccine: influenza Vaccination date: 2014-10-23 Condition: shoulder injury Outcome: compensated Award amount USD: 15000 AI-assisted case summary: Linda Multer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury as a result of her October 23, 2014 influenza vaccination. She stated that she received the vaccination in the United States, that the effects of her injury lasted for more than six months, and that she had not received any prior award or settlement for her condition. Respondent denied that the influenza immunization caused petitioner’s shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and awarded Linda Multer a lump sum of $15,000.00. This amount is intended to compensate for all items of damages available under the Vaccine Act. The decision directs the clerk of the court to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00985-0 Date issued/filed: 2018-06-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/20/2018) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00985-UNJ Document 44 Filed 06/12/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-985V Filed: March 20, 2018 UNPUBLISHED LINDA MULTER, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 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 as a result of her October 23, 2014 influenza (“flu”) vaccination. Petition at 1-3; Stipulation, filed March 19, 2018, at ¶¶ 2, 4. Petitioner further alleges that she received her vaccination in the United States, that she suffered the 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 on her behalf as a result of her condition.” Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 11-13. “Respondent denies that the influenza immunization caused petitioner’s shoulder injury or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on March 19, 2018, 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-00985-UNJ Document 44 Filed 06/12/18 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 $15,000.00 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 Case 1:16-vv-00985-UNJ Document 44 Filed 06/12/18 Page 3 of 7 Case 1:16-vv-00985-UNJ Document 44 Filed 06/12/18 Page 4 of 7 Case 1:16-vv-00985-UNJ Document 44 Filed 06/12/18 Page 5 of 7 Case 1:16-vv-00985-UNJ Document 44 Filed 06/12/18 Page 6 of 7 Case 1:16-vv-00985-UNJ Document 44 Filed 06/12/18 Page 7 of 7