VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01452
Package ID: USCOURTS-cofc-1_16-vv-01452
Petitioner: Laurel Powell
Filed: 2016-11-03
Decided: 2018-02-22
Vaccine: influenza
Vaccination date: 2015-10-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 87000

AI-assisted case summary:
Laurel Powell filed a petition for compensation under the National Vaccine Injury Compensation Program on November 3, 2016, alleging that the trivalent influenza vaccination she received on October 27, 2015, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA) in her left shoulder. She also reported that approximately one month later, her injured left arm gave out while lifting herself out of the bathtub, causing her to hit her upper right arm and break her right wrist. The respondent conceded that Ms. Powell is entitled to compensation for her SIRVA and its related sequelae, finding her injury consistent with a vaccine-related administration injury. A ruling on entitlement was issued on April 27, 2017, finding her entitled to compensation. The parties subsequently filed a joint stipulation for damages. The respondent agreed that Ms. Powell suffered a SIRVA but denied that the flu vaccine caused any other injury or that her current disabilities were a sequela of a vaccine-related injury. They stipulated that Ms. Powell would receive a lump sum of $87,000.00 as compensation for all items of damages. The Chief Special Master approved the stipulated amount and directed entry of judgment.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01452-0
Date issued/filed: 2017-12-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 04/27/2017) regarding 17 Ruling on Entitlement (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-01452-UNJ Document 38 Filed 12/11/17 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1452V
Filed: April 27, 2017
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
LAUREL POWELL, *
*
Petitioner, * Ruling on Entitlement; Concession;
v. * Influenza Vaccination;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Curtis Webb, Twin Falls, ID, for petitioner.
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On November 3, 2016, Laurel Powell (“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” or “Program”). Petitioner alleges that “[t]he
trivalent influenza vaccination that she received on October 27, 2015 caused her to
develop a Shoulder Injury Related to Vaccine Administration (SIRVA).” Petition at ¶ 2.
Petitioner adds that she also hit her upper right arm and broke her right wrist after her
injured left arm gave out while lifting herself out of the bathtub approximately one month
later. Id. at ¶ 14. Petitioner further alleges that she has suffered the residual effects of
her injury for more than six months as she continues to suffer pain in her right arm and
left arm and shoulder, and that no one has filed a civil suit for compensation for her
injury alleged as vaccine caused. Id. at ¶¶ 16-22, 25. The case was assigned to the
Special Processing Unit of the Office of Special Masters.
1 Because this unpublished ruling 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, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). 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-01452-UNJ Document 38 Filed 12/11/17 Page 2 of 2
On April 27, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case for her SIRVA of the left shoulder
and its related sequelae. Respondent’s Rule 4(c) Report at 1, 6. Specifically,
respondent “has determined that petitioner’s alleged injury is consistent with a shoulder
injury related to vaccine administration (“SIRVA”), and it was caused by the flu
vaccination that petitioner received on October 27, 2015.” Id. at 6. Respondent further
indicates that “based on the record as it now stands, petitioner has satisfied all legal
prerequisites for compensation under the Act.” Id.
In view of respondent’s concession and the evidence before me, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_16-vv-01452-1
Date issued/filed: 2018-02-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/12/2017) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01452-UNJ Document 39 Filed 02/22/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1452V
Filed: October 12, 2017
UNPUBLISHED
LAUREL POWELL,
Special Processing Unit (SPU);
Petitioner,
Damages Decision Based on
v.
Stipulation; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH AND
Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Curtis Webb, Twin Falls, ID, for petitioner.
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Dorsey, Chief Special Master:
On November 3, 2016, Laurel Powell (“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” or “Program”). Petitioner alleges that “[t]he
trivalent influenza vaccination that she received on October 27, 2015 caused her to
develop a Shoulder Injury Related to Vaccine Administration (SIRVA).” Petition at ¶ 2;
see also Stipulation, filed Oct. 11, 2017, at ¶¶ 1-2, 4. Petitioner adds that she also hit
her upper right arm and broke her right wrist after her injured left arm gave out while
lifting herself out of the bathtub approximately one month later. Petition at ¶ 14. She
seeks compensation related to her SIRVA and subsequent fracture of her right wrist. Id.
at 5, ¶ 22. Petitioner further alleges that she received the vaccination in the United
States, has suffered the residual effects of her injuries for more than six months and her
pain appears to be permanent, and has never filed a civil action or received
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-01452-UNJ Document 39 Filed 02/22/18 Page 2 of 7
compensation for her injuries, alleged as vaccine caused. Id. at ¶¶ 3, 21, 25-26; see
also Stipulation at ¶¶ 3-5. The case was assigned to the Special Processing Unit of the
Office of Special Masters.
On April 27, 2017, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case for her SIRVA of the left shoulder
and its related sequelae. Respondent’s Rule 4(c) Report at 1, 6. A ruling on
entitlement was issued, finding petitioner entitled to compensation for her SIRVA.
Ruling on Entitlement, issued Apr. 27, 2017.
On October 11, 2017, the parties filed the attached joint stipulation. In the
stipulation, “[r]espondent agrees that petitioner suffered a SIRVA but denies that the flu
vaccine caused any other injury and further denies that her current disabilities are a
sequela of a vaccine-related injury.” Stipulation at ¶ 6. The parties stipulate that
petitioner shall receive the following compensation:
A lump sum of $87,000.00 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 § 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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