VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01261 Package ID: USCOURTS-cofc-1_16-vv-01261 Petitioner: Doncella H. Voncannon Filed: 2016-10-04 Decided: 2017-12-12 Vaccine: influenza Vaccination date: 2015-10-06 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 108000 AI-assisted case summary: Doncella H. Voncannon filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 6, 2015. The petition stated the vaccination occurred in the United States and that she experienced residual effects for more than six months, with no prior award or settlement for her condition. The respondent denied that the flu vaccine caused her injury. However, the parties later filed a joint stipulation 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, Ms. Voncannon was awarded a lump sum of $108,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on December 12, 2017. Nancy Meyers represented the petitioner, and Sarah Duncan represented the respondent. Theory of causation field: Petitioner Doncella H. Voncannon alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 6, 2015. The respondent denied that the vaccine caused the injury. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. The award was a lump sum of $108,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on December 12, 2017, based on a stipulation filed May 9, 2017. Petitioner counsel was Nancy Meyers, and respondent counsel was Sarah Duncan. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01261-0 Date issued/filed: 2017-12-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/10/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01261-UNJ Document 34 Filed 12/12/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1261V Filed: May 10, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * DONCELLA H. VONCANNON, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”); Shoulder Injury * Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); AND HUMAN SERVICES, * Special Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Nancy Meyers, Ward Black Law, Greensboro, NC, for petitioner. Sarah Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 4, 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 October 6, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 9, 2017, at ¶ 4. Petitioner further alleges that the vaccination was administered within the United States, that she experienced the residual effects of this injury 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 3; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer from a shoulder injury or any other injury.” 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-01261-UNJ Document 34 Filed 12/12/17 Page 2 of 7 Nevertheless, on May 9, 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 $108,000.00 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 Case 1:16-vv-01261-UNJ Document 34 Filed 12/12/17 Page 3 of 7 Case 1:16-vv-01261-UNJ Document 34 Filed 12/12/17 Page 4 of 7 Case 1:16-vv-01261-UNJ Document 34 Filed 12/12/17 Page 5 of 7 Case 1:16-vv-01261-UNJ Document 34 Filed 12/12/17 Page 6 of 7 Case 1:16-vv-01261-UNJ Document 34 Filed 12/12/17 Page 7 of 7