VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00260
Package ID: USCOURTS-cofc-1_17-vv-00260
Petitioner: Ronald Culberson
Filed: 2018-03-19
Decided: 2018-03-19
Vaccine: influenza
Vaccination date: 2015-11-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
On March 19, 2018, Ronald Culberson filed a petition alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on November 2, 2015. He further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's alleged SIRVA or any other injury. The parties reached a stipulation to resolve the matter, which was filed on March 19, 2018. Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable. The court adopted the stipulation and awarded Ronald Culberson $65,000.00 in compensation for all damages. The award was to be paid as a check made payable to the petitioner. The decision was issued by Special Master Laura D. Millman on March 19, 2018. The public decision was filed on April 16, 2018. The petitioner was represented by Milton C. Ragsdale, IV, and the respondent was represented by Darryl R. Wishard.

Theory of causation field:
Petitioner Ronald Culberson alleged that an influenza vaccine administered on November 2, 2015, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties reached a stipulation to resolve the case. Special Master Laura D. Millman adopted the stipulation and awarded $65,000.00 for all damages. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Petitioner counsel was Milton C. Ragsdale, IV, and respondent counsel was Darryl R. Wishard. The decision date was March 19, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00260-0
Date issued/filed: 2018-04-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/19/2018) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Laura D Millman. (tlf) Service on parties made.
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Case 1:17-vv-00260-UNJ Document 34 Filed 04/16/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-260V
Filed: March 19, 2018
Not for Publication
*************************************
RONALD CULBERSON, *
*
Petitioner, *
* Damages decision based on stipulation;
v. * influenza (flu) vaccine; shoulder injury
* related to vaccine administration (SIRVA)
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
*************************************
Milton C. Ragsdale, IV, Birmingham, AL, for petitioner.
Darryl R. Wishard, Washington, DC, for respondent.
MILLMAN, Special Master
DECISION AWARDING DAMAGES1
On March 19, 2018, the parties filed the attached stipulation in which they agreed to settle
this case and described the settlement terms. Petitioner alleges that he suffered from a shoulder
injury related to vaccine administration (“SIRVA”) that was caused by his receipt of influenza
(“flu”) vaccine on November 2, 2015. He further alleges that he experienced the residual effects
of this injury for more than six months. Respondent denies that the flu vaccine caused petitioner
to suffer SIRVA or any other injury. Nonetheless, the parties agreed to resolve this matter
1 Because this unpublished decision contains a reasoned explanation for the special master’s action in this
case, the special master intends to post this unpublished decision on the United States Court of Federal
Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (Dec. 17, 2002). Vaccine Rule 18(b) states that all decisions of the special masters will be made
available to the public unless they contain trade secrets or commercial or financial information that is
privileged and confidential, or medical or similar information whose disclosure would constitute a clearly
unwarranted invasion of privacy. When such a decision is filed, petitioner has 14 days to identify and
move to delete such information prior to the document’s disclosure. If the special master, upon review,
agrees that the identified material fits within the banned categories listed above, the special master shall
delete such material from public access.

Case 1:17-vv-00260-UNJ Document 34 Filed 04/16/18 Page 2 of 7
informally.
The undersigned finds the terms of the stipulation to be reasonable. The court hereby
adopts the parties’ said stipulation, attached hereto, and awards compensation in the amount and
on the terms set forth therein. Pursuant to the stipulation, the court awards a lump sum of
$65,000.00, representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a) (2012). The award shall be in the form of a check for $65,000.00 made payable to
petitioner.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the
court is directed to enter judgment herewith.2
IT IS SO ORDERED.
Dated: March 19, 2018 s/ Laura D. Millman
Laura D. Millman
Special Master
2 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party, either separately or
jointly, filing a notice renouncing the right to seek review.
2

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