VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00136
Package ID: USCOURTS-cofc-1_17-vv-00136
Petitioner: Lois Oliver
Filed: 2018-07-09
Decided: 2018-10-10
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: chronic severe right shoulder pain
Outcome: compensated
Award amount USD: 32500

AI-assisted case summary:
Lois Oliver filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2017. She alleged that she suffered chronic severe right shoulder pain caused by the influenza and pneumococcal conjugate (Prevnar 13) vaccines she received on October 1, 2015. Ms. Oliver stated that she received the vaccination in the United States, that the residual effects of her injury lasted for more than six months, and that she had not received compensation or filed a civil action for her alleged vaccine-caused injury. The respondent denied that the flu and Prevnar-13 vaccines caused Ms. Oliver's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that her alleged current disabilities were a sequela of a vaccine-related injury. On July 9, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms. Oliver was awarded a lump sum of $32,500.00, payable to her, as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Lois Oliver alleged that influenza and pneumococcal conjugate (Prevnar 13) vaccines administered on October 1, 2015, caused chronic severe right shoulder pain, consistent with SIRVA. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the evidence considered to support the stipulation. The award was a lump sum of $32,500.00 for all damages. Petitioner counsel was Edward M. Kraus, and respondent counsel was Colleen Clemons Hartley. The decision date was October 10, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00136-0
Date issued/filed: 2018-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/09/2018) regarding 36 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00136-UNJ Document 39 Filed 10/10/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0136V
Filed: July 9, 2018
UNPUBLISHED
LOIS OLIVER,
Special Processing Unit (SPU); Joint
Stipulation on Damages;
Petitioner,
Pneumococcal Conjugate Vaccine
v.
(Prevnar 13); Influenza (Flu)
Vaccine; Shoulder Injury Related to
SECRETARY OF HEALTH AND
Vaccine Administration (SIRVA)
HUMAN SERVICES,
Respondent.
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 30, 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 chronic severe right shoulder pain
caused in fact by the influenza and pneumococcal conjugate (Prevnar 13) vaccines she
received on October 1, 2015. Petition at 1, ¶¶ 3, 15; Stipulation, filed July 9, 2018, at ¶¶
1-2, 4. Petitioner further alleges that she received the vaccination in the United States,
suffered the residual effects of her injury for more than six months, and that she has not
received compensation or filed a civil action for her injury alleged as vaccine caused.
Petition at ¶¶ 3, 15-16; Stipulation at ¶¶ 3-5. “Respondent denies that the flu and
Prevnar-13 vaccines caused petitioner’s alleged SIRVA or any other injury and further
denies that her alleged 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-00136-UNJ Document 39 Filed 10/10/18 Page 2 of 7
Nevertheless, on July 9, 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 $32,500.00 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 § 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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