VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00247
Package ID: USCOURTS-cofc-1_17-vv-00247
Petitioner: Emory Newsome
Filed: 2017-02-21
Decided: 2018-08-21
Vaccine: influenza
Vaccination date: 2015-12-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Emory Newsome filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on December 10, 2015. The petition stated that the vaccination was administered in the United States, that his symptoms had continued for more than six months, and that he had not previously received compensation or filed a civil action. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner to suffer a SIRVA or any other injury. Despite the denial, on April 13, 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, Emory Newsome was awarded a lump sum of $60,000.00, payable to the petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on August 21, 2018. Petitioner's counsel was John Robert Howie of Howie Law, PC. Respondent's counsel was Sarah Christina Duncan of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner. The specific mechanism of injury is also not detailed in the public decision.

Theory of causation field:
Petitioner Emory Newsome alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 10, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $60,000.00 lump sum award. The theory of causation is based on the "Table" of the Vaccine Injury Table, which presumes SIRVA is vaccine-related if it occurred within 48 hours of administration and persisted for more than 6 months. The public decision does not name specific medical experts or detail the evidence presented, other than the joint stipulation. The specific mechanism of SIRVA is not described in the public decision. Attorneys involved were John Robert Howie for the petitioner and Sarah Christina Duncan for the respondent. The decision date was August 21, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00247-0
Date issued/filed: 2018-08-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/13/2018) regarding 37 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00247-UNJ Document 47 Filed 08/21/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0247V
Filed: April 13, 2018
UNPUBLISHED
EMORY NEWSOME,
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.
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 21, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccination he received on
December 10, 2015. Petition at 1, 6; Stipulation, filed April 13, 2018, at ¶ 4. Petitioner
further alleges that the vaccination was administered in the United States, that his
symptoms have continued for more than six months, and that he has not previously
received compensation or filed a civil action. Petition at 1, 6; Stipulation at ¶¶ 3-6.
“Respondent denies that the influenza vaccine caused petitioner to suffer a SIRVA or
any other injury. ” Stipulation at ¶ 6.
Nevertheless, on April 13, 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-00247-UNJ Document 47 Filed 08/21/18 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 $60,000.00 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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