VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01617
Package ID: USCOURTS-cofc-1_16-vv-01617
Petitioner: Aurelia Gilbert
Filed: 2016-12-06
Decided: 2018-09-05
Vaccine: influenza
Vaccination date: 2015-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Aurelia Gilbert filed a petition for compensation on December 6, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 9, 2015 influenza vaccination. Ms. Gilbert stated that she received the vaccination in the United States, that she suffered the effects of her injury for more than six months, and that there had been no prior award or settlement for her condition. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner's alleged left SIRVA or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite the denial, on May 31, 2018, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Gilbert was awarded a lump sum of $85,000.00, payable to petitioner, as compensation for all items of damages. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. The decision was issued on September 5, 2018.

Theory of causation field:
Petitioner Aurelia Gilbert alleged a shoulder injury related to vaccine administration (SIRVA) following an October 9, 2015 influenza vaccination. Respondent denied causation. The parties filed a joint stipulation for damages on May 31, 2018. The Special Master adopted the stipulation, awarding $85,000.00 as compensation for all damages. The specific theory of causation, medical experts, clinical details, and mechanism were not described in the public decision, which was based on a stipulation. Petitioner counsel was Ronald Craig Homer, respondent counsel was Lisa Ann Watts, and the Special Master was Nora Beth Dorsey. The decision date was September 5, 2018.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_16-vv-01617-0
Date issued/filed: 2018-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/31/2018) regarding 46 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:16-vv-01617-UNJ Document 49 Filed 09/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1617V
Filed: May 31, 2018
UNPUBLISHED
AURELIA GILBERT,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 6, 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 her October 9, 2015 influenza (“flu”) vaccination.
Petition at 1; Stipulation, filed May 31, 2018, at ¶¶ 2, 4. Petitioner further alleges that
she received her vaccination in the United States, that she suffered the 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.” Stipulation at ¶¶ 3-
5; see Petition at ¶¶ 27-29. “Respondent denies that the flu vaccine caused petitioner’s
alleged left SIRVA, or any other injury, and further denies that petitioner’s current
disabilities are sequelae of a vaccine-related injury.” 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-01617-UNJ Document 49 Filed 09/05/18 Page 2 of 7
Nevertheless, on May 31, 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 $85,000.00 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

Case 1:16-vv-01617-UNJ Document 49 Filed 09/05/18 Page 3 of 7

Case 1:16-vv-01617-UNJ Document 49 Filed 09/05/18 Page 4 of 7

Case 1:16-vv-01617-UNJ Document 49 Filed 09/05/18 Page 5 of 7

Case 1:16-vv-01617-UNJ Document 49 Filed 09/05/18 Page 6 of 7

Case 1:16-vv-01617-UNJ Document 49 Filed 09/05/18 Page 7 of 7