VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01344
Package ID: USCOURTS-cofc-1_16-vv-01344
Petitioner: Carolyn E. Cecil
Filed: 2016-10-14
Decided: 2018-10-10
Vaccine: influenza
Vaccination date: 2013-10-17
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 35052

AI-assisted case summary:
Carolyn E. Cecil filed a petition for compensation on October 14, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2013. She claimed the vaccination was administered in the United States, that she experienced residual effects of her injury for more than six months, and that no prior award or settlement had been made for her condition. The respondent denied that the influenza vaccine caused petitioner's right shoulder pain or any other injury. The parties later filed a joint stipulation for damages on July 2, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Carolyn E. Cecil was awarded a lump sum of $35,052.13, payable by check to the petitioner, representing compensation for all damages available under the Vaccine Act. The decision was issued on October 10, 2018. Petitioner was represented by Paul Thomas Walkinshaw of Rawls Law Group, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert testimony.

Theory of causation field:
Petitioner Carolyn E. Cecil alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 17, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The Special Master adopted the stipulation. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was $35,052.13. The decision was issued by Chief Special Master Nora Beth Dorsey on October 10, 2018. Petitioner's counsel was Paul Thomas Walkinshaw, and respondent's counsel was Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01344-0
Date issued/filed: 2018-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/05/2018) regarding 41 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:16-vv-01344-UNJ Document 53 Filed 10/10/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1344V
Filed: July 5, 2018
UNPUBLISHED
CAROLYN E. CECIL,
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.
Paul Thomas Walkinshaw, Rawls Law Group, Fairfax, VA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 14, 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 influenza (“flu”) vaccination administered on
October 17, 2013. Petition at 1; Stipulation, filed July 2, 2018, at ¶ 1. Petitioner further
alleges that the vaccination was administered within the United States, that she suffered
from 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 on her behalf as a result of her
condition. Petition at 7, 8; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza
vaccine caused petitioner to suffer right shoulder pain 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-01344-UNJ Document 53 Filed 10/10/18 Page 2 of 7
Nevertheless, on July 2, 2018, 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 $35,052.13 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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