VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01217 Package ID: USCOURTS-cofc-1_16-vv-01217 Petitioner: Nancy Sweeney Filed: 2016-09-28 Decided: 2017-12-08 Vaccine: influenza Vaccination date: 2014-10-02 Condition: left shoulder injuries, including Parsonage-Turner Syndrome (“PTS”) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Nancy Sweeney filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2016. She alleged that she suffered left shoulder injuries, including Parsonage-Turner Syndrome (PTS), caused in-fact by an influenza vaccine administered on October 2, 2014. Ms. Sweeney asserted that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement. The respondent denied that the flu vaccine caused her alleged PTS or any other injury, and further denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on April 26, 2017, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the Court's decision. Ms. Sweeney was awarded a lump sum of $75,000.00, payable to her, as compensation for all damages. The decision was issued on December 8, 2017. Paul R. Brazil represented the petitioner, and Lisa A. Watts represented the respondent. Theory of causation field: Petitioner Nancy Sweeney alleged that an influenza vaccine administered on October 2, 2014, caused her left shoulder injuries, including Parsonage-Turner Syndrome (PTS). The respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The decision does not describe the specific medical mechanism, onset, symptoms, tests, or treatments related to the alleged injury. No experts were named in the public text. The award was $75,000.00 as a lump sum for all damages. The theory of causation was considered off-Table. The decision date was December 8, 2017, and the petition was filed on September 28, 2016. Attorneys involved were Paul R. Brazil for the petitioner and Lisa A. Watts for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01217-0 Date issued/filed: 2017-12-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/26/2017) regarding 19 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01217-UNJ Document 28 Filed 12/08/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1217V Filed: April 26, 2017 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * NANCY SWEENEY, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Parsonage- * Turner Syndrome (“PTS”); Shoulder SECRETARY OF HEALTH * Injury; Special Processing Unit (“SPU”) AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner. Lisa A. Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 28, 2016, Nancy Sweeney (“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 left shoulder injuries, including Parsonage-Turner Syndrome (“PTS”), which were caused- in-fact by administration of the influenza (“flu”) vaccine on October 2, 2014. Pet. at 1; Stip., filed Apr. 26, 2017, at ¶¶ 1, 2, 4. Petitioner further asserts 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 ¶¶ 2, 17-19; Stip. at ¶¶ 3-5. Respondent denies that the flu vaccine caused petitioner’s alleged PTS, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine- related injury. Stip. 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-01217-UNJ Document 28 Filed 12/08/17 Page 2 of 7 Nevertheless, on April 26, 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 $75,000.00 in the form of a check payable to petitioner, Nancy Sweeney. Stip. at ¶ 8. This amount represents compensation for all 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-01217-UNJ Document 28 Filed 12/08/17 Page 3 of 7 Case 1:16-vv-01217-UNJ Document 28 Filed 12/08/17 Page 4 of 7 Case 1:16-vv-01217-UNJ Document 28 Filed 12/08/17 Page 5 of 7 Case 1:16-vv-01217-UNJ Document 28 Filed 12/08/17 Page 6 of 7 Case 1:16-vv-01217-UNJ Document 28 Filed 12/08/17 Page 7 of 7