VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01705
Package ID: USCOURTS-cofc-1_16-vv-01705
Petitioner: Heather O’keefe
Filed: 2016-12-29
Decided: 2018-03-09
Vaccine: influenza
Vaccination date: 2015-10-20
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Heather O’Keefe filed a petition on December 29, 2016, alleging that an October 20, 2015 influenza vaccination caused her to develop Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The respondent denied that the flu vaccine caused her injury or any other condition. Despite the denial, the parties filed a joint stipulation on November 14, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Heather O’Keefe a lump sum of $75,000.00. This amount included $74,045.37 for pain and suffering and $954.63 for past unreimbursed medical expenses. The decision was finalized on March 9, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Alexis B. Babcock of the U.S. Department of Justice.

Theory of causation field:
Petitioner Heather O’Keefe alleged that an October 20, 2015 influenza vaccination caused Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $75,000.00 ($74,045.37 for pain and suffering, $954.63 for past unreimbursed medical expenses). The theory of causation was considered "Off-Table." The public decision does not name specific medical experts or detail the mechanism of injury. The decision was signed by Chief Special Master Nora Beth Dorsey on November 14, 2017, and finalized on March 9, 2018. Petitioner counsel was Danielle Strait, and respondent counsel was Alexis B. Babcock.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-01705-0
Date issued/filed: 2018-03-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:16-vv-01705-UNJ Document 35 Filed 03/09/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-1705V
Filed: November 14, 2017
UNPUBLISHED
HEATHER O’KEEFE,
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.
Alexis B. Babcock, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On December 29, 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”) caused-in-fact by her October 20, 2015 influenza (“flu”)
vaccination. Petition at 1-2; Stipulation, filed November 14, 2017, at ¶ 4. Petitioner
further alleges that she experienced residual effects of this injury for more than six
months and that there has been no prior award or settlement of a civil action for
damages as a result of her alleged injury. Petition at 2; Stipulation at ¶¶ 4-5.
“Respondent denies that petitioner’s alleged injury was caused-in-fact by her flu
vaccination, and denies that the vaccine caused 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-01705-UNJ Document 35 Filed 03/09/18 Page 2 of 7
Nevertheless, on November 14, 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 $75,000.00 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), including
$74,045.37 in pain and suffering, and $954.63 in past unreimbursed medical
expenses. 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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