VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01032
Package ID: USCOURTS-cofc-1_16-vv-01032
Petitioner: Beverly Massey
Filed: 2017-06-20
Decided: 2018-04-30
Vaccine: influenza
Vaccination date: 2015-11-20
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Beverly Massey filed a petition for compensation under the National Vaccine Injury Compensation Program on June 20, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 20, 2015, and that she experienced residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused her injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation for damages on June 20, 2017. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awarded Beverly Massey a lump sum of $45,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. The decision was issued on April 30, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Andrew D. Downing of Van Cott & Talamante, PLLC, and respondent was represented by Lynn E. Ricciardella of the U.S. Department of Justice.

Theory of causation field:
Petitioner Beverly Massey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 20, 2015, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on April 30, 2018. The stipulation resulted in a $45,000.00 lump sum award to the petitioner. The theory of causation was based on the "Table" of the Vaccine Injury Compensation Program, indicating a presumed link between the vaccine and the injury. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner was represented by Andrew D. Downing, and respondent by Lynn E. Ricciardella.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01032-1
Date issued/filed: 2018-04-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/20/2017) regarding 25 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01032-UNJ Document 36 Filed 04/30/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1032V
Filed: June 20, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
BEVERLY MASSEY, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (Flu) Vaccine; Shoulder Injury
* Related to Vaccine Injury (SIRVA);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Andrew D. Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Lynn E. Ricciardella, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 19, 2016, Beverly Massey (“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 related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”)
vaccine she received on November 20, 2015. Petition at 1; Stipulation, filed June 20,
2017, at ¶ 4. Petitioner further alleges that she suffered the residual effects of this injury
for more than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the
flu vaccine caused petitioner to suffer from SIRVA, or any other injury, and denies that
petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶
6.
Nevertheless, on June 20, 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-01032-UNJ Document 36 Filed 04/30/18 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 $45,000.00, in the form of a check payable to petitioner,
Beverly Massey. 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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