VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00240
Package ID: USCOURTS-cofc-1_17-vv-00240
Petitioner: Sarah Walley
Filed: 2018-02-09
Decided: 2018-05-14
Vaccine: influenza
Vaccination date: 2015-10-07
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Sarah Walley filed a petition for compensation on February 21, 2017, alleging she suffered right shoulder injuries as a result of an influenza vaccine received on October 7, 2015. She further alleged that she suffered residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged injuries or that her current disabilities were a sequela of a vaccine-related injury. Nevertheless, on February 9, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, a lump sum of $65,000.00, payable to petitioner, was awarded as compensation for all items of damages. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Mallori Browne Openchowski of the U.S. Department of Justice. The decision was issued on May 14, 2018.

Theory of causation field:
Petitioner Sarah Walley alleged right shoulder injuries resulting from an influenza vaccine administered on October 7, 2015, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation did not detail the specific mechanism of injury or provide expert opinions. The award was a lump sum of $65,000.00 for all damages. The decision date was May 14, 2018. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Mallori Browne Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00240-0
Date issued/filed: 2018-05-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/9/2018) regarding 24 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00240-UNJ Document 36 Filed 05/14/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0240V
Filed: February 9, 2018
UNPUBLISHED
SARAH WALLEY,
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.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 21, 2017, Sarah Walley (“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 as a result of an influenza (“flu”) vaccine she received on October 7,
2015. Petition at 1; Stipulation, filed February 9, 2018, at ¶ 4. Petitioner further alleges
that she suffered the residual effects of her injury for more than six months. Petition at
2-3; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner’s
alleged right shoulder injuries or any other injury and further denies that her current
disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on February 9, 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-00240-UNJ Document 36 Filed 05/14/18 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 $65,000.00, 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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