VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01610
Package ID: USCOURTS-cofc-1_16-vv-01610
Petitioner: Rodney Blankenship
Filed: 2018-01-31
Decided: 2018-04-06
Vaccine: influenza
Vaccination date: 2014-10-16
Condition: left shoulder and arm pain and limited range of motion
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Rodney Blankenship filed a petition for compensation under the National Vaccine Injury Compensation Program on December 5, 2016, alleging that he suffered left shoulder and arm pain and a limited range of motion as a result of an influenza vaccine received on October 16, 2014. He further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the flu vaccine caused his injury or any other injury or current condition. Despite the denial, on January 31, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Rodney Blankenship was awarded a lump sum of $70,000.00, payable to him by check. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was entered on April 6, 2018. Edward M. Kraus represented the petitioner, and Althea Walker Davis represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Rodney Blankenship alleged that an influenza vaccine administered on October 16, 2014, caused left shoulder and arm pain and limited range of motion, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation did not detail a specific theory of causation or name any medical experts. The award was a lump sum of $70,000.00, representing compensation for all damages available under the Vaccine Act. The decision date was April 6, 2018, based on a stipulation filed January 31, 2018. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01610-0
Date issued/filed: 2018-04-06
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 1/31/2018) regarding 26 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01610-UNJ Document 35 Filed 04/06/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1610V
Filed: January 31, 2018
UNPUBLISHED
RODNEY BLANKENSHIP,
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.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 5, 2016, Rodney Blankenship (“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 from left
shoulder and arm pain and limited range of motion as a result of an influenza (“flu”)
vaccine he received on October 16, 2014. Petition at 1; Stipulation, filed January 31,
2018, at ¶ 4. Petitioner further alleges that he suffered the residual effects of this injury
for more than six months. Petition at 9; Stipulation at ¶ 4. “Respondent denies that the
flu vaccine caused petitioner to suffer a shoulder injury or any other injury or his current
condition.” Stipulation at ¶ 6.
Nevertheless, on January 31, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-01610-UNJ Document 35 Filed 04/06/18 Page 2 of 2
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 $70,000.00, 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