VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01638
Package ID: USCOURTS-cofc-1_16-vv-01638
Petitioner: Kara Douglas
Filed: 2016-12-13
Decided: 2018-05-04
Vaccine: influenza
Vaccination date: 2015-10-14
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 51245

AI-assisted case summary:
Kara Douglas filed a petition on December 13, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury as a result of receiving an influenza vaccination on October 14, 2015. Ms. Douglas further claimed that she experienced residual effects of this injury for more than six months and that no prior award or settlement had been made for her condition. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Douglas's left shoulder injury or any other injury. Despite the respondent's denial, on February 13, 2018, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms. Douglas was awarded a lump sum of $51,245.24, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on May 4, 2018. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kara Douglas alleged a left shoulder injury resulting from an influenza vaccination administered on October 14, 2015. The respondent denied causation. The parties filed a joint stipulation on February 13, 2018, agreeing to an award of compensation. The Chief Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The award was $51,245.24 as a lump sum. The decision date was May 4, 2018. Petitioner's counsel was Danielle Strait, and respondent's counsel was Sarah Christina Duncan. The Special Master was Nora Beth Dorsey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01638-0
Date issued/filed: 2018-05-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/13/2018) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01638-UNJ Document 42 Filed 05/04/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1638V
Filed: February 13, 2018
UNPUBLISHED
KARA DOUGLAS,
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.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 13, 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 left shoulder injury as a result of
receiving her October 14, 2015 influenza vaccination. Petition at 1; Stipulation, filed
February 13, 2018, at ¶ 4. Petitioner further alleges that she experienced 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 2; Stipulation at ¶¶ 4-5. “Respondent denies that the influenza vaccine
caused petitioner to suffer a left shoulder injury or any other injury. ” Stipulation at ¶ 6.
Nevertheless, on February 13, 2018, 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-01638-UNJ Document 42 Filed 05/04/18 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 $51,245.24 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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