VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00278
Package ID: USCOURTS-cofc-1_17-vv-00278
Petitioner: Desiree Danger
Filed: 2017-02-28
Decided: 2018-08-21
Vaccine: influenza
Vaccination date: 2015-09-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Desiree Danger filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on September 24, 2015. She further alleged that the residual effects of this injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation on April 10, 2018, agreeing to settle the case and award compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. Danger was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on August 21, 2018. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The specific mechanism of injury is not detailed in the public decision, but the injury falls under the Vaccine Injury Table.

Theory of causation field:
Petitioner Desiree Danger received an influenza vaccine on September 24, 2015, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting over six months. Respondent denied causation. The parties entered into a joint stipulation for settlement, agreeing to an award of $50,000.00. The injury is listed on the Vaccine Injury Table. No specific medical experts or detailed causation theories were presented in the public decision, which was based on a stipulation. Chief Special Master Nora Beth Dorsey issued the decision on August 21, 2018. Petitioner was represented by John Robert Howie, and respondent by Amy Paula Kokot.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00278-0
Date issued/filed: 2018-08-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/12/2018) regarding 31 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00278-UNJ Document 41 Filed 08/21/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-278V
Filed: April 12, 2018
UNPUBLISHED
DESIREE DANGER,
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.
Amy Paula Kokot, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On February 28, 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 a Shoulder Injury Related to
Vaccine Administration ("SIRVA"), resulting from an influenza (“flu”) vaccination she
received on September 24, 2015. Petition at 1; Stipulation, filed April 10, 2018, at ¶ 2-4.
Petitioner further alleges that she experienced the residual effects of this injury for more
than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that the flu
vaccine administered on or about September 24, 2015, is the cause of petitioner’s
alleged SIRVA and/or any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on April 10, 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-00278-UNJ Document 41 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 $50,000.00 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

Case 1:17-vv-00278-UNJ Document 41 Filed 08/21/18 Page 3 of 7
INTHE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MAST,ERS
)
DESIREE DANGER, )
)
Petitioner, )
) No. 17·278V (ECF)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
l, Desiree Danger, petitioner, flied a petition for vaccine compensation under the
National Vaccine Injury Co1npensation Program, 42 U.S.C. §§ 300aa�l0 to -34 (the "Vaccine
Progra1n"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § l00.3(a).
2. Petitione!' received a flu vaccination on or about Septe1nber 24, 20 l 5.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop a Shoulder Injury Related
to Vaccine Adn1inistration ("SJRVA"). Petitioner further alleges that she experienced the
residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settle1nent of a civil action
for damages as a result of her condition.
6. Respondent denies that the flu vaccine administered on or about September 24, 20 IS,
is the cause of petitioner's alleged SIRVA and/or any other injury or her current condition.

Case 1:17-vv-00278-UNJ Document 41 Filed 08/21/18 Page 4 of 7
7, Maintaining their above--stated positions, the parties nevertheless now agree that the
issues betwet:n: them shall be settled and that a decision should be entered awarding the
·
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entl'Y ofjudgn1ent reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S,C. § 300aa�2l(a)(l), the Secretary of Health-and Hu1nan Services will issue
the following vaccine compensation pay1nent:
A lutnp sum of $50,000.00 in the forln of a check payable to petitioner. This
a1nount represents co1npensation for all damages that would be available under 42
U.S.C. § 300aa-I5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive -compensation ,pursuant to 42
U.S.C. § 300aa�2J(a)(I), and an application, the parties will submit to further proceedings before
the special 111aster to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney 1epresent that they have identified to respondent all
known sources of payment for ite1ns or services for which the Progra1n is not pri1narily liable
under 42 U.S.C. § 300aa�l5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre.. p aid basis.
11. Payment 1nade pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9 of this Stipulation, wilt be made in accordance with 42 U.S,C, § 300aa-
1 S(i), subject to the availability of sufficient statutory funds.
2

Case 1:17-vv-00278-UNJ Document 41 Filed 08/21/18 Page 5 of 7
J 2, The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ JOOaa-15(g) and (h).
13, In return for the pay1nents described in paragraphs 8 and 9, petitionel', in her
individual capacity, and on behalf of her heirs, executors, administrators, successors and/or
assigns, does forever irrevocably and unconditionally release, acquit and discharge the United
States and the Secretary of Health and Human Services from any and all actions or causes of
action (including agreeinents, judgments, claims, damages, Joss of services, expenses and all
demands of whatever kind or nature) that have beeu broughl, could have been brought, or could
be timely brought in the Court of Federal Claims, under the National Vaccine Injury
CompenSation Program, 42 U.S.C. § 300aa-l0 et seq., on account of, or in any way growing out
of, any ahd all known or unknown, suspected or unsuspected pe!'sonal htjuries to or death of
petitioner resulting fron1, or alleged to have resulted from, the flu vaccination administered on or
about September 24, 2015, as alleged by petitioner in a petition for vaccine compensation filed
.
on or about February 28, 2017, in the United States Court of Federal Claims as petition No. 17-
278V.
14. Ifpetitionct' should die prior to entry of judgment, this agreement shall he voidable
upon proper notice to the Court on behalf of either or both of the pal'ties.
15, If the special 1naster fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
J

Case 1:17-vv-00278-UNJ Document 41 Filed 08/21/18 Page 6 of 7
decision that is In complete conformity with the terms of this Stipulation, then the parties'
settleinent and this Stipulation sha[J be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and co1nplete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986i except as otherwise
noted in paragrt'lph 9 above, There is absolutely no agreement on the part of the parties hereto to
make any payment or to do any act or thing other than is berei11 expressly stated and clearly
agreed to. The parties furtller agree and understand that the award described in this Stipulation
may reflect a compromise of the parties' t-espective positions as to liability and/or amount of
damages, and further, that a change in the nature of the injury or condition or in the ite1ns of
co1npensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation sha!I not be construed as an admission by the United States 01·the
Secretary off-lealth and I-Iuman Services that the flu vaccine caused petitioner's alleged SIRVA,
or any other injury or her current condition.
l8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assJgns.
END OF STIPULATION
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Case 1:17-vv-00278-UNJ Document 41 Filed 08/21/18 Page 7 of 7
Respectfully submitted,
PETITlONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITlO ER: �c: ·
RINE B. REEVES
Deputy Director
Torts Branch
Civil Division
U.S. Depal'tment of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED R ATTORNEY OF RECORD FOR
OFTHESECR A RESPONDENT:
AND HU R
IR,M.D.
Director, ivision oflnjury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building,M ail Stop 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4118
4/J
op o l'O
Dated:
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