VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01623
Package ID: USCOURTS-cofc-1_16-vv-01623
Petitioner: James Gilmer
Filed: 2016-12-07
Decided: 2018-06-06
Vaccine: Influenza
Vaccination date: 2015-10-22
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
James Gilmer filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2016, alleging that he suffered a left shoulder injury as a result of receiving an Influenza vaccine on October 22, 2015. The petition stated that the vaccine was administered in the United States, that the injury's effects lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages related to the condition. The respondent denied that the flu vaccine caused Mr. Gilmer's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that his current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on March 5, 2018, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, James Gilmer was awarded a lump sum of $65,000.00, payable by check to him. This amount represents compensation for all items of damages available under the Vaccine Act. The decision was issued on June 6, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case. Joseph Alexander Vuckovich represented the petitioner, and Mallori Browne Openchowski represented the respondent.

Theory of causation field:
Petitioner James Gilmer alleged a left shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), resulting from an Influenza vaccine administered on October 22, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation. James Gilmer was awarded $65,000.00 as compensation for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony. The decision date was June 6, 2018. Petitioner's counsel was Joseph Alexander Vuckovich, and respondent's counsel was Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01623-0
Date issued/filed: 2018-06-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/06/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made.
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Case 1:16-vv-01623-UNJ Document 43 Filed 06/06/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1623V
Filed: March 6, 2018
UNPUBLISHED
JAMES GILMER,
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.
Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for
petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 7, 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 he suffered a left shoulder injury as a result of
receiving an Influenza vaccine on October 22, 2015. Petition at 1-2; Stipulation, filed
March 5, 2018, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered
in the United States, she suffered the effects of the injury for more than six months, and
there has been no prior award or settlement of a civil action for damages as a result of
her condition. Petition at ¶¶ 1, 5, 7, 10-11; Stipulation at ¶¶ 3-5. “Respondent denies
that the flu vaccine caused petitioner’s alleged SIRVA or any other injury and further
denies that his current disabilities are a sequela 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-01623-UNJ Document 43 Filed 06/06/18 Page 2 of 7
Nevertheless, on March 5, 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 $65,000.00 in the form of a check payable to petitioner,
James Gilmer. 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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