VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01441
Package ID: USCOURTS-cofc-1_16-vv-01441
Petitioner: Wesley Dumas
Filed: 2016-11-01
Decided: 2018-04-11
Vaccine: influenza
Vaccination date: 2015-10-15
Condition: shoulder injury related to vaccine administration (SIRVA), including left shoulder bursitis and left shoulder impingement syndrome
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Wesley Dumas filed a petition for compensation under the National Vaccine Injury Compensation Program on November 1, 2016, alleging he suffered a shoulder injury related to vaccine administration (SIRVA), specifically left shoulder bursitis and left shoulder impingement syndrome, as a result of an influenza vaccination received on October 15, 2015. He claimed residual effects lasting more than six months and confirmed no prior award or settlement for this condition. Respondent denied that the flu vaccine caused his alleged injuries. Despite the denial, the parties filed a joint stipulation on January 3, 2018, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Wesley Dumas was awarded a lump sum of $15,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01441-0
Date issued/filed: 2018-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/3/2018) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01441-UNJ Document 44 Filed 04/11/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1441V
Filed: January 3, 2018
UNPUBLISHED
WESLEY DUMAS,
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.
Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for
petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 1, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”), including left shoulder bursitis and left shoulder impingement
syndrome, as a result of the influenza (“flu”) vaccination he received on October 15,
2015. Petition at 1; Stipulation, filed January 3, 2018, at ¶ 4. Petitioner further alleges
that he experienced residual effects of his condition for more than six months and that
there has been no prior award or settlement of a civil action for damages on his behalf
as a result of his condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that
the flu immunization is the cause of petitioner’s alleged SIRVA, left shoulder bursitis, left
shoulder impingement syndrome, and/or any other injury or 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-01441-UNJ Document 44 Filed 04/11/18 Page 2 of 7
Nevertheless, on January 3, 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 $15,000.00 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

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