VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00395
Package ID: USCOURTS-cofc-1_17-vv-00395
Petitioner: Carolyn Green
Filed: 2017-03-21
Decided: 2019-02-27
Vaccine: influenza
Vaccination date: 2015-11-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 47500

AI-assisted case summary:
Carolyn Green filed a petition for compensation under the National Vaccine Injury Compensation Program on March 21, 2017, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine administered on November 2, 2015. Ms. Green stated that the vaccine was administered in the United States and that her injuries and sequelae lasted more than six months. She also affirmed that neither she nor any other party had filed an action or received compensation for her vaccine-related injuries. The respondent, the Secretary of Health and Human Services, denied that the alleged SIRVA and its residual effects were caused-in-fact by the flu vaccine, and further denied that the flu vaccine caused petitioner any other injury or her current condition. Despite the respondent's denials, the parties filed a joint stipulation for compensation on January 23, 2019. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Green was awarded $47,500.00 as a lump sum, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The decision was issued on February 27, 2019.

Theory of causation field:
Petitioner Carolyn Green alleged a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2015. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation for compensation, and Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $47,500.00. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Petitioner was represented by Amy A. Senerth, and respondent was represented by Adriana Ruth Teitel. The decision was issued on February 27, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00395-0
Date issued/filed: 2019-02-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/24/2019) regarding 57 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00395-UNJ Document 61 Filed 02/27/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0395V
Filed: January 24, 2019
UNPUBLISHED
CAROLYN GREEN,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 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 she suffered a left shoulder injury related to
vaccine administration (“SIRVA”) resulting from the adverse effects of an influenza
vaccine administered on November 2, 2015. Petition at 1; Stipulation, filed January 23,
2019, at ¶¶ 1-4. Petitioner further alleges that the vaccine was administered in the
United States, that her injuries and sequelae lasted more than six months, and that
neither petitioner nor any other party has filed an action or received compensation in the
form of an award or settlement for petitioner’s vaccine-related injuries. Petition at 1-3;
Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged SIRVA and its
residual effects were caused-in-fact by her flu vaccine. Respondent further denies that
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-00395-UNJ Document 61 Filed 02/27/19 Page 2 of 7
the flu vaccine caused petitioner any other injury or her current condition.” Stipulation at
¶ 6.
Nevertheless, on January 23, 2019, 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 $47,500.00 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 § 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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