VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00404
Package ID: USCOURTS-cofc-1_17-vv-00404
Petitioner: Ashley Loftis
Filed: 2017-03-22
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
Ashley Loftis filed a petition for compensation under the National Vaccine Injury Compensation Program on March 22, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 1, 2015. She further alleged that her injuries lasted more than six months. The respondent denied that the flu immunization caused her alleged SIRVA or any other injuries. Despite the denial, the parties filed a joint stipulation on August 14, 2018, 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, Ashley Loftis was awarded a lump sum of $140,000.00 as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Daniel Anthony Principato of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The specific details of the SIRVA are not described in the public decision.

Theory of causation field:
Petitioner Ashley Loftis alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 1, 2015, with injuries lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $140,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the condition category is SIRVA, which is recognized under the Vaccine Act. Petitioner was represented by Amber Diane Wilson (Maglio Christopher & Toale, PA) and respondent by Daniel Anthony Principato (U.S. Department of Justice). The decision date was October 23, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00404-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/15/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00404-UNJ Document 40 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0404V
Filed: August 15, 2018
UNPUBLISHED
ASHLEY LOFTIS,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Daniel Anthony Principato, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 22, 2017, Ashley Loftis (“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 an influenza (“flu”) administered to her
on October 1, 2015. Petition at 1-2; Stipulation, filed August 14, 2018, at ¶ 4. Petitioner
further alleges that her vaccine-related injuries have lasted more than six months.
Petition at 2; Stipulation at ¶ 4. “Respondent denies that the flu immunization is the
cause of petitioner’s alleged SIRVA, and/or any other injuries.” Stipulation at ¶ 6.
Nevertheless, on August 14, 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-00404-UNJ Document 40 Filed 10/23/18 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 $140,000.00, 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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