VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01188
Package ID: USCOURTS-cofc-1_16-vv-01188
Petitioner: James Smith
Filed: 2017-09-15
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: severe right shoulder pain
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
James Smith filed a petition for compensation under the National Vaccine Injury Compensation Program on September 15, 2017. He alleged that he developed severe right shoulder pain caused by an influenza vaccine he received on October 8, 2014, and that he suffered residual effects of this injury for more than six months. The respondent denied that the flu vaccine caused the petitioner's alleged shoulder injury or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on September 14, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, an award of $45,000.00 was made in the form of a lump sum check payable to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was entered on February 8, 2018. The public decision does not describe the petitioner's counsel, respondent's counsel, specific clinical details of the injury, onset, symptoms, diagnostic tests, treatments, or expert testimony. The case was resolved via stipulation.

Theory of causation field:
Petitioner James Smith alleged that an influenza vaccine administered on October 8, 2014, caused severe right shoulder pain, a condition categorized as Shoulder Injury Related to Vaccine Administration (SIRVA). The injury was alleged to have residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. The award was $45,000.00 as a lump sum. The theory of causation was identified as 'Off-Table' in the provided data, and the public decision does not detail the specific mechanism, expert testimony, or key evidence considered beyond the stipulation. The decision date was February 8, 2018. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Lara Ann Englund. Chief Special Master Nora Beth Dorsey issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01188-0
Date issued/filed: 2018-02-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/15/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01188-UNJ Document 39 Filed 02/08/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1188V
Filed: September 15, 2017
UNPUBLISHED
JAMES SMITH,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 22, 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 he developed severe right shoulder pain caused-
in-fact by the influenza vaccine he received on October 8, 2014. Petition at 1, ¶ 5;
Stipulation, filed September 14, 2017, at ¶¶ 1-2, 4. Petitioner further alleges he has
suffered the residual effects of his injury for more than six months and has not received
compensation for his injury alleged as vaccine caused. Petition at ¶¶ 21-22; Stipulation
at ¶¶ 4-5. “Respondent denies that the flu vaccine is the cause of petitioner’s alleged
SIRVA or any other injury or his current condition.” Stipulation at ¶ 6.
Nevertheless, on September 14, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01188-UNJ Document 39 Filed 02/08/18 Page 2 of 7
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 $45,000.00 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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