VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00030 Package ID: USCOURTS-cofc-1_17-vv-00030 Petitioner: Jacqueline Hill Filed: 2017-12-21 Decided: 2018-03-15 Vaccine: influenza Vaccination date: 2015-11-12 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Jacqueline Hill filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2017, on behalf of herself. The petition alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused-in-fact by her influenza vaccination administered on November 12, 2015. Ms. Hill stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for her injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Hill's alleged SIRVA or any other injury, and denied that her disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, on December 19, 2017, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable. As a result, Chief Special Master Dorsey awarded Jacqueline Hill a lump sum of $35,000.00 as compensation for all items of damages. The decision was issued on March 15, 2018. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C., and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. Theory of causation field: Petitioner Jacqueline Hill alleged that her November 12, 2015 influenza vaccination caused-in-fact a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation. The parties filed a joint stipulation for damages, which the Chief Special Master adopted. The public decision does not describe the specific medical mechanism, onset, symptoms, diagnostic tests, or treatments related to the alleged SIRVA. No experts were named in the public decision. The case was resolved via stipulation, resulting in an award of $35,000.00. The theory of causation was considered "Off-Table." The decision was issued by Chief Special Master Nora Beth Dorsey on March 15, 2018. Petitioner's counsel was Bruce William Slane, and respondent's counsel was Colleen Clemons Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00030-0 Date issued/filed: 2018-03-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-30V Filed: December 21, 2017 UNPUBLISHED JACQUELINE HILL, 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. Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 9, 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 Related to Vaccine Administration (“SIRVA”) caused-in-fact by her November 12, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed December 19, 2017, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 23-25. “Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or any other injury and further denies that her 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 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 2 of 7 Nevertheless, on December 19, 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 $35,000.00 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 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 3 of 7 Case 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 4 of 7 Case 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 5 of 7 Case 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 6 of 7 Case 1:17-vv-00030-UNJ Document 33 Filed 03/15/18 Page 7 of 7