VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01277
Package ID: USCOURTS-cofc-1_16-vv-01277
Petitioner: Mary Gallagher
Filed: 2017-11-21
Decided: 2018-03-01
Vaccine: influenza
Vaccination date: 2014-10-22
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 73470

AI-assisted case summary:
Mary Gallagher filed a petition for compensation under the National Vaccine Injury Compensation Program on October 5, 2016, alleging that she suffered a left shoulder injury as a result of an influenza vaccine she received on October 22, 2014. Petitioner stated that the vaccine was administered in the United States, that she experienced residual effects from the injury for more than six months, and that she had not received a prior award or settlement for this injury. The respondent denied that the flu vaccine caused petitioner's left shoulder injury or any other condition. On November 21, 2017, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Mary Gallagher was awarded $73,470.00 as compensation for all items of damages. The decision was issued on March 1, 2018. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

Theory of causation field:
Petitioner Mary Gallagher alleged a left shoulder injury resulting from an influenza vaccine administered on October 22, 2014. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on March 1, 2018. The stipulation resulted in an award of $73,470.00. The specific medical theory of causation, expert testimony, onset of symptoms, clinical details, or mechanism of injury were not described in the provided public decision text, as the case was resolved via stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01277-0
Date issued/filed: 2018-03-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/21/2017) 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-01277-UNJ Document 39 Filed 03/01/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1277V
Filed: November 21, 2017
UNPUBLISHED
MARY GALLAGHER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 5, 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 left shoulder injury as a result of
her October 22, 2014 influenza (“flu”) vaccine. Petition at 1-3; Stipulation, filed
November 21, 2017, at ¶¶ 2, 4.
Petitioner further alleges that the vaccine was administered within the United
States, that she suffered 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 on her behalf as a
result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 11-13. “Respondent
denies that the flu vaccine caused to petitioner to suffer from a left shoulder injury or
any other injury or her current condition.” 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-01277-UNJ Document 39 Filed 03/01/18 Page 2 of 7
Nevertheless, on November 21, 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 $73,470.00 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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