VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00267
Package ID: USCOURTS-cofc-1_17-vv-00267
Petitioner: Emily Dickson
Filed: 2017-02-24
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 
Condition: bilateral shoulder injuries
Outcome: compensated
Award amount USD: 125000

AI-assisted case summary:
Emily Dickson filed a petition for compensation under the National Vaccine Injury Compensation Program on February 24, 2017, alleging that she suffered bilateral shoulder injuries resulting from adverse effects of the influenza and pneumococcal conjugate vaccinations. The petition stated that the vaccines were administered in the United States, that her injuries lasted for more than six months, and that she had not filed a civil action or received compensation for her injuries. The respondent denied that the influenza or pneumococcal conjugate immunizations caused petitioner's alleged shoulder injuries or any other injury or her current condition. On September 12, 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, Emily Dickson was awarded a lump sum of $125,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act. The decision was issued on October 24, 2018. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Justine Elizabeth Walters of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, medical tests, treatments, or the specific mechanism of injury. The specific theory of causation is not detailed in the public decision.

Theory of causation field:
Petitioner Emily Dickson alleged bilateral shoulder injuries resulting from adverse effects of the influenza and pneumococcal conjugate vaccinations. Respondent denied causation. The parties filed a joint stipulation on September 12, 2018, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $125,000.00 to petitioner for all damages under the Vaccine Act. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The decision date was October 24, 2018. Attorneys involved were Amy A. Senerth for petitioner and Justine Elizabeth Walters for respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00267-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/13/2018) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00267-UNJ Document 45 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0267V
Filed: September 13, 2018
UNPUBLISHED
EMILY DICKSON,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Pneumococcal
v.
Conjugate Vaccine; Shoulder Injury
Related to Vaccine Administration
SECRETARY OF HEALTH AND
(SIRVA); Bilateral Shoulder Injuries
HUMAN SERVICES,
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Justine Elizabeth Walters, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 24, 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 bilateral shoulder injuries resulting
from the adverse effects of the influenza and pneumococcal conjugate vaccinations..
Petition at 1; Stipulation, filed September 12, 2018, at ¶¶ 1-4. Petitioner further alleges
that the vaccines were administered in the United States, that her injuries lasted for
more than six months, and that she has not filed a civil action or received compensation
for her injuries. Petition at 1, 3-4; Stipulation at ¶¶ 3, 5. “Respondent denies that the
influenza or pneumococcal conjugate immunizations caused petitioner’s alleged
shoulder injuries or any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on September 12, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-00267-UNJ Document 45 Filed 10/24/18 Page 2 of 7
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 $125,000.00 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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