VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01124 Package ID: USCOURTS-cofc-1_16-vv-01124 Petitioner: Deborah Carrillo Filed: 2017-10-18 Decided: 2018-02-13 Vaccine: influenza Vaccination date: 2015-10-01 Condition: right shoulder injuries Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Deborah Carrillo filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2016. She alleged that an influenza vaccination administered on October 1, 2015, caused right shoulder injuries. Ms. Carrillo stated that the vaccine was administered in the United States and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's injury or current condition. However, on October 18, 2017, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awarded Deborah Carrillo a lump sum of $80,000.00, payable by check to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act, 42 U.S.C. § 300aa-15(a). The decision was issued on February 13, 2018. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Christine M. Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Deborah Carrillo alleged that an influenza vaccine administered on October 1, 2015, caused right shoulder injuries. The respondent denied causation. The parties filed a joint stipulation on October 18, 2017, agreeing to an award of compensation. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset of symptoms, diagnostic tests, treatments, or the mechanism of injury. The award was a lump sum of $80,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Nora Beth Dorsey on February 13, 2018. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Christine M. Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01124-0 Date issued/filed: 2018-02-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/18/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01124-UNJ Document 35 Filed 02/13/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1124V Filed: October 18, 2017 UNPUBLISHED DEBORAH CARRILLO, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Christine M. Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 12, 2016, Deborah Carrillo (“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 an influenza (“flu”) vaccination on October 1, 2015, caused right shoulder injuries. Pet. at ¶ 5; Stip., filed Oct. 18, 2017, at ¶¶ 1, 2, 4. Petitioner further alleges that the vaccine was administered in the United States, that she experienced the 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. Pet. at ¶¶ 1, 6, 7; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner to suffer from a right shoulder injury or any other injury or her current condition. Stip. at ¶ 6. Nevertheless, on October 18, 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-01124-UNJ Document 35 Filed 02/13/18 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 $80,000.00 in the form of a check payable to petitioner, Deborah Carrillo. 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-01124-UNJ Document 35 Filed 02/13/18 Page 3 of 7 Case 1:16-vv-01124-UNJ Document 35 Filed 02/13/18 Page 4 of 7 Case 1:16-vv-01124-UNJ Document 35 Filed 02/13/18 Page 5 of 7 Case 1:16-vv-01124-UNJ Document 35 Filed 02/13/18 Page 6 of 7 Case 1:16-vv-01124-UNJ Document 35 Filed 02/13/18 Page 7 of 7