VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01170
Package ID: USCOURTS-cofc-1_16-vv-01170
Petitioner: Nancy Webb
Filed: 2016-09-20
Decided: 2018-02-26
Vaccine: influenza
Vaccination date: 2013-11-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20072

AI-assisted case summary:
Nancy Webb filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination she received on November 2, 2013. She further alleged that she suffered the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Nancy Webb was awarded $20,000.00 as a lump sum for all items of damages and an additional $72.00 to satisfy a Medicaid lien. The case was resolved via a joint stipulation on damages, and the court directed that judgment be entered in accordance with the decision.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01170-0
Date issued/filed: 2018-02-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/30/2017) regarding 27 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01170-UNJ Document 38 Filed 02/26/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1170V
Filed: October 30, 2017
UNPUBLISHED
NANCY WEBB,
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.
Diana Lynn Stadelnikas, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 20, 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 shoulder injury related to vaccine
administration (SIRVA) as a result of the influenza vaccination she received on
November 2, 2013. Petition at 1-2; Stipulation, filed October 30, 2017, at ¶ 2, 4.
Petitioner further alleges that suffered the residual effects of her shoulder injury for more
than six months. Petition at 3; Stipulation at ¶¶ 4. “Respondent denies that the flu
vaccine caused petitioner to suffer SIRVA or any other injury or her current condition ”
Stipulation at ¶ 6.
Nevertheless, on October 30, 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-01170-UNJ Document 38 Filed 02/26/18 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. A lump sum of $20,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8a. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). and
b. A lump sum payment of $72.00 representing compensation for
satisfaction of the North Carolina Department of Health and Human
Services Medicaid lien, in the form of a check payable jointly to
petitioner and
Division of Medical Assistance
Office of the Controller
2022 Mail Service Center
Raleigh, NC 27699-2022
Case No.: 260251
Petitioner agrees to endorse this payment to the Division of Medical
Assistance. Id. at ¶ 8b.
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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