VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01306 Package ID: USCOURTS-cofc-1_16-vv-01306 Petitioner: Janna Duckett Filed: 2017-11-15 Decided: 2018-05-10 Vaccine: influenza Vaccination date: 2015-10-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 78000 AI-assisted case summary: Janna Duckett filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 17, 2015. Petitioner alleged the vaccine was administered in the United States and that she suffered residual effects for more than six months, with no prior award or settlement. The respondent denied that the flu vaccine caused her alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on November 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. Janna Duckett was awarded a lump sum of $78,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on May 10, 2018. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Janna Duckett alleged a shoulder injury related to vaccine administration (SIRVA) following an October 17, 2015, influenza vaccination. Respondent denied that the flu vaccine caused the alleged injury or any other condition. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $78,000.00 for all items of damages. The decision was entered on May 10, 2018. Petitioner's counsel was Diana Lynn Stadelnikas, and respondent's counsel was Jennifer Leigh Reynaud. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01306-1 Date issued/filed: 2018-05-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/15/2017) regarding 30 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01306-UNJ Document 42 Filed 05/10/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1306V Filed: November 15, 2017 UNPUBLISHED JANNA DUCKETT, 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. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 11, 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 17, 2015 influenza (“flu”) vaccination. Petition at 1-3; Stipulation, filed November 14, 2017, at ¶ 1. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her alleged 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 alleged injury. Petition at 1-4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged shoulder injury and residual effects were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused petitioner 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-01306-UNJ Document 42 Filed 05/10/18 Page 2 of 7 Nevertheless, on November 14, 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 $78,000.00 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-01306-UNJ Document 42 Filed 05/10/18 Page 3 of 7 Case 1:16-vv-01306-UNJ Document 42 Filed 05/10/18 Page 4 of 7 Case 1:16-vv-01306-UNJ Document 42 Filed 05/10/18 Page 5 of 7 Case 1:16-vv-01306-UNJ Document 42 Filed 05/10/18 Page 6 of 7 Case 1:16-vv-01306-UNJ Document 42 Filed 05/10/18 Page 7 of 7