VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00319
Package ID: USCOURTS-cofc-1_17-vv-00319
Petitioner: Joanne McMaster
Filed: 2017-03-08
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2014-10-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Joanne McMaster filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 15, 2014. Ms. McMaster stated that the vaccination was administered in the United States and that she experienced residual effects from the injury for more than six months. She also affirmed that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. McMaster's alleged shoulder injury or any other condition. On September 11, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed and adopted the stipulation. As compensation for all items of damages, Ms. McMaster was awarded a lump sum of $30,000.00, payable by check to the petitioner. The decision was issued on October 24, 2018. Petitioner's counsel was Ronald Craig Homer of Conway, Homer, P.C. Respondent's counsel was Ilene Clair Albala of the U.S. Department of Justice.

Theory of causation field:
Petitioner Joanne McMaster alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2014. The respondent denied causation. The parties filed a joint stipulation on September 11, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $30,000.00 as compensation for all items of damages. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. The theory of causation is based on the "Table" as indicated by the provided data, and the case was resolved via stipulation rather than litigation on the merits of causation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00319-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/14/2018) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00319-UNJ Document 43 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-319V
Filed: September 14, 2018
UNPUBLISHED
JOANNE MCMASTER,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Ilene Clair Albala, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 8, 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”) as a result of receiving an influenza (“flu”) vaccination on
October 15, 2014. Petition at 1; Stipulation, filed September 11, 2018, at ¶ 1. Petitioner
further alleges that the immunization was administered within the United States, that
she suffered the residual effects of this injury for more than six months, and that there
has been no prior award or settlement of a civil action for damages on her behalf as a
result of her condition. Petition at 9; Stipulation at ¶¶ 3-5. “Respondent denies that the
flu vaccine caused petitioner’s alleged shoulder injury or any other injury or her current
condition.” Stipulation at ¶ 6.
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-00319-UNJ Document 43 Filed 10/24/18 Page 2 of 7
Nevertheless, on September 11, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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 $30,000.00 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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