VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00196
Package ID: USCOURTS-cofc-1_17-vv-00196
Petitioner: Clare Lapier
Filed: 2017-02-10
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2015-11-01
Condition: right shoulder injuries and arthralgias
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Clare Lapier filed a petition for compensation under the National Vaccine Injury Compensation Program on February 10, 2017, alleging that she suffered right shoulder injuries and arthralgias due to an influenza vaccination received on November 1, 2015. The petition stated that the vaccination was administered in the United States, that the alleged injury effects lasted for more than six months, and that no action for or compensation for vaccine-related injuries had been sought or received. The respondent denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury or current condition. Despite the denial, on July 27, 2018, petitioner Clare Lapier and the Secretary of Health and Human Services filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Clare Lapier was awarded a lump sum of $70,000.00, payable by check to the petitioner, as compensation for all items of damages. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Linda Sara Renzi of the U.S. Department of Justice. The decision was issued on October 17, 2018.

Theory of causation field:
Petitioner Clare Lapier alleged that an influenza vaccine received on November 1, 2015, caused right shoulder injuries and arthralgias, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation. The parties filed a joint stipulation on July 27, 2018, agreeing to an award of compensation. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $70,000.00 to petitioner Clare Lapier. The decision date was October 17, 2018. Petitioner was represented by Amy A. Senerth, and respondent by Linda Sara Renzi.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00196-0
Date issued/filed: 2018-10-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/27/2018) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00196-UNJ Document 51 Filed 10/17/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0196V
Filed: July 27, 2018
UNPUBLISHED
CLARE LAPIER,
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.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 10, 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 right shoulder injuries and
arthralgias due to an influenza vaccination received on November 1, 2015. Petition at
1; Stipulation, filed July 27, 2018, at ¶ 4. Petitioner further alleges that she received the
vaccination in the United States, suffered the effects of her injury for more than six
months, and has not filed an action for or received compensation for her vaccine-related
injuries. Petition at 1,3; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine
administered on or about November 1, 2015, is the cause of petitioner’s alleged SIRV
and/or any other injury or her current condition. ” Stipulation at ¶ 6.
Nevertheless, on July 27, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00196-UNJ Document 51 Filed 10/17/18 Page 2 of 7
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 $70,000.00 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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