VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01522
Package ID: USCOURTS-cofc-1_16-vv-01522
Petitioner: Jeanne Ivester
Filed: 2017-06-08
Decided: 2018-05-08
Vaccine: influenza
Vaccination date: 2015-09-01
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 91716

AI-assisted case summary:
Jeanne Ivester filed a petition on November 16, 2016, seeking compensation under the National Vaccine Injury Compensation Program on behalf of herself. She alleged that she suffered left shoulder injuries caused-in-fact by an influenza vaccination she received on September 1, 2015. Ms. Ivester stated that the vaccination occurred in the United States and that the effects of her injuries persisted for more than six months. She also affirmed that neither she nor any other party had filed a civil action or received compensation for these alleged vaccine-caused injuries. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Ivester's shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on June 8, 2017, 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, Ms. Ivester was awarded a lump sum of $91,716.61, payable to her. This amount was designated as compensation for all items of damages available under the Vaccine Act. The decision was entered on May 8, 2018. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner counsel was Shealene Wasserman of Muller Brazil, LLP, and respondent counsel was Lara Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jeanne Ivester alleged that an influenza vaccine administered on September 1, 2015, caused-in-fact her left shoulder injuries. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. Petitioner was awarded $91,716.61. The theory of causation is described as "Off-Table" in the provided data. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented to support or refute the causation theory, nor does it specify the exact nature of the shoulder injury beyond "left shoulder injuries" or the duration of symptoms beyond "more than six months." The decision was entered on May 8, 2018, based on a stipulation filed June 8, 2017. Attorneys involved were Shealene Wasserman for the petitioner and Lara Englund for the respondent. Chief Special Master Nora Beth Dorsey issued the decision.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01522-1
Date issued/filed: 2018-05-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/08/2017) regarding 26 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01522-UNJ Document 36 Filed 05/08/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1522V
Filed: June 8, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
JEANNE IVESTER, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH * Administration (“SIRVA”);
AND HUMAN SERVICES, * Special Processing Unit (“SPU”)
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Shealene Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 16, 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 alleged that she suffered left shoulder injuries caused-in-fact
by the influenza vaccination she received on September 1, 2015. Petition at 1, ¶¶ 2, 13;
see also Stipulation, filed June 8, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that she
received the influenza vaccine in the United States, that she suffered the effects of her
injuries for more than six months, and that neither she nor any other party has filed a
civil action or received compensation for her injuries, alleged as vaccine caused.
Petition at ¶¶ 2, 13-15; see also Stipulation at ¶¶ 3-5. “Respondent denies that the flu
vaccine is the cause of petitioner’s shoulder injury or 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-01522-UNJ Document 36 Filed 05/08/18 Page 2 of 7
Nevertheless, on June 8, 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 $91,716.61 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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