VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00986 Package ID: USCOURTS-cofc-1_16-vv-00986 Petitioner: Rhonda Larson Filed: 2017-06-26 Decided: 2018-04-11 Vaccine: influenza Vaccination date: 2015-09-21 Condition: left shoulder injuries Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Rhonda Larson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2016, alleging that she suffered left shoulder injuries caused by an influenza vaccination she received on September 21, 2015. Ms. Larson stated that she received the vaccine in the United States and that the effects of her injuries lasted for more than six months. She also affirmed that neither she nor any other party had filed a civil action or received compensation for her injuries. The respondent denied that the flu vaccine caused Ms. Larson's alleged left shoulder pain or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on June 26, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Rhonda Larson was awarded a lump sum of $70,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Glenn A. MacLeod of the U.S. Department of Justice. The decision was issued on April 11, 2018. Theory of causation field: Rhonda Larson filed a petition alleging left shoulder injuries caused by an influenza vaccine received on September 21, 2015. The respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation on June 26, 2017, agreeing to an award of compensation. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $70,000.00 to Rhonda Larson on April 11, 2018. Petitioner was represented by Paul R. Brazil, and respondent was represented by Glenn A. MacLeod. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00986-1 Date issued/filed: 2018-04-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/26/2017) regarding 22 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00986-UNJ Document 32 Filed 04/11/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-0986V Filed: June 26, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * RHONDA LARSON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (Flu) Vaccine; Shoulder Injury; * Special Processing Unit (SPU) SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Glenn A. MacLeod, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 11, 2016, Rhonda Larson (“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 alleged that she suffered left shoulder injuries caused by the influenza (“flu”) vaccination she received on September 21, 2015. Petition at 1; see also Stipulation, filed June 26, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the flu vaccine in the United States, that she suffered the effects of her injuries for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injuries. Petition at ¶¶ 2, 12-14; see also Stipulation at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner’s alleged left shoulder pain, or any other injury, and further denies that her current disabilities are a sequela of a vaccine-related injury. 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-00986-UNJ Document 32 Filed 04/11/18 Page 2 of 7 Nevertheless, on June 26, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $70,000.00 in the form of a check payable to petitioner, Rhonda Larson. 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 Case 1:16-vv-00986-UNJ Document 32 Filed 04/11/18 Page 3 of 7 Case 1:16-vv-00986-UNJ Document 32 Filed 04/11/18 Page 4 of 7 Case 1:16-vv-00986-UNJ Document 32 Filed 04/11/18 Page 5 of 7 Case 1:16-vv-00986-UNJ Document 32 Filed 04/11/18 Page 6 of 7 Case 1:16-vv-00986-UNJ Document 32 Filed 04/11/18 Page 7 of 7