VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01493
Package ID: USCOURTS-cofc-1_16-vv-01493
Petitioner: Patricia Walling
Filed: 2017-09-19
Decided: 2018-02-08
Vaccine: influenza
Vaccination date: 2014-11-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Patricia Walling filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from her influenza vaccination on November 17, 2014. She claimed residual effects lasting more than six months and confirmed no prior civil action for damages. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused her SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages, which the court found reasonable. Chief Special Master Nora Beth Dorsey awarded Patricia Walling a lump sum of $55,000.00 as compensation for all damages. This decision was based on the joint stipulation and was entered as the court's award. Petitioner was represented by Rachel Elizabeth Gusman of Graves, McLain, PLLC, and respondent was represented by Kathryn Ann Robinette of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation field:
Petitioner Patricia Walling alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 17, 2014. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $55,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the joint stipulation for resolution. Petitioner was represented by Rachel Elizabeth Gusman, and respondent by Kathryn Ann Robinette. The decision date was February 8, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01493-0
Date issued/filed: 2018-02-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/19/2017) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01493-UNJ Document 28 Filed 02/08/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1493V
Filed: September 19, 2017
UNPUBLISHED
PATRICIA WALLING,
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.
Rachel Elizabeth Gusman, Graves, McLain, PLLC Tulsa, OK, for petitioner.
Kathryn Ann Robinette, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 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”) as a result of receiving her November 17, 2014 influenza
vaccination. Petition at 1; Stipulation, filed September 18, 2017, at ¶ 4. Petitioner
further alleges that she suffered 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 6; Stipulation at ¶¶ 4-5. “Respondent
denies that the influenza immunization caused petitioner’s SIRVA or any other injury or
her current condition. ” Stipulation at ¶ 6.
Nevertheless, on September 18, 2017, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01493-UNJ Document 28 Filed 02/08/18 Page 2 of 7
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 $55,000.00 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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