VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00003
Package ID: USCOURTS-cofc-1_17-vv-00003
Petitioner: Marsha Mercier
Filed: 2018-03-20
Decided: 2018-06-12
Vaccine: influenza
Vaccination date: 2015-10-27
Condition: shoulder injury
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Marsha Mercier filed a petition for compensation under the National Vaccine Injury Compensation Program on March 20, 2018, alleging she suffered a shoulder injury as a result of an influenza vaccination she received on October 27, 2015. Ms. Mercier stated that the vaccination occurred in the United States and that the effects of her injury lasted for more than six months. She also affirmed that there had been no prior award or settlement of a civil action for damages on her behalf related to this alleged injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged shoulder injury and residual effects, or any other injury or current condition. Despite the respondent's denial, on March 19, 2018, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Mercier was awarded a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marsha Mercier alleged a shoulder injury resulting from an October 27, 2015, influenza vaccination. The respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation on March 19, 2018. The Special Master adopted the stipulation, awarding $30,000.00. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The outcome was compensation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00003-0
Date issued/filed: 2018-06-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/20/2018) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00003-UNJ Document 33 Filed 06/12/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-3V
Filed: March 20, 2018
UNPUBLISHED
MARSHA MERCIER,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 3, 2017, 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 as a result of her
October 27, 2015 influenza (“flu”) vaccination. Petition at 1-3; Stipulation, filed March
19, 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 alleged injury.” Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 14,
17-18. “Respondent denies that petitioner’s alleged shoulder injury and residual effects
were caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine
caused petitioner 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 1:17-vv-00003-UNJ Document 33 Filed 06/12/18 Page 2 of 7
Nevertheless, on March 19, 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 $30,000.00 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

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