VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01054
Package ID: USCOURTS-cofc-1_16-vv-01054
Petitioner: Diana Malick
Filed: 2016-08-25
Decided: 2017-06-29
Vaccine: influenza
Vaccination date: 
Condition: left rotator cuff tendonitis / shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
On August 25, 2016, Diana Malick filed a Vaccine Program petition alleging that an influenza vaccination caused a shoulder injury related to vaccine administration. The stipulation materials identify the alleged condition more specifically as left rotator cuff tendonitis/SIRVA, but the public decision does not state the date of vaccination.

The available public record is limited to a joint stipulation decision. It says Malick alleged that the flu vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no prior civil settlement or award had compensated the condition. Respondent denied that the flu immunization caused her alleged left rotator cuff tendonitis or any other injury or condition.

The parties filed a joint stipulation on June 29, 2017. Chief Special Master Nora Beth Dorsey found it reasonable and adopted it the same day. Malick was awarded a lump sum of $80,000.00, payable to her, representing all damages available under section 15(a). She was represented by Lawrence R. Cohan of Anapol Weiss in Philadelphia.

Theory of causation field:
Influenza vaccine (date not stated in available public decision) alleged to cause left rotator cuff tendonitis/shoulder injury related to vaccine administration (SIRVA) with residual effects more than six months. COMPENSATED by joint stipulation. Respondent denied that flu immunization caused left rotator cuff tendonitis or any other injury/condition; public stipulation contains limited clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation on June 29, 2017. Award: $80,000.00 lump sum payable to Diana Malick. Attorney: Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01054-0
Date issued/filed: 2018-04-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/29/2017) 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-01054-UNJ Document 34 Filed 04/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1054V
Filed: June 29, 2017
UNPUBLISHED
DIANA MALICK,
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.
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 25, 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 related to vaccine
administration (“SIRVA”) following an influenza (“flu”) vaccination. Petition at 1;
Stipulation, filed June 29, 2017, at ¶¶ 1, 4. Petitioner further alleges that the vaccine
was administered within the United States, that she experienced the residual effects of
this condition 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.
Petition at 4; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization is the
cause of petitioner’s alleged left rotator cuff tendonitis or the cause of any other injury or
condition.” 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-01054-UNJ Document 34 Filed 04/05/18 Page 2 of 7
Nevertheless, on June 29, 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 $80,000.00 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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