VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00415
Package ID: USCOURTS-cofc-1_17-vv-00415
Petitioner: Jacqueline Deberry
Filed: 2019-10-16
Decided: 2020-01-10
Vaccine: influenza
Vaccination date: 2015-10-06
Condition: left shoulder injury related to vaccination administration (SIRVA)
Outcome: compensated
Award amount USD: 67821

AI-assisted case summary:
Petitioner Jacqueline Deberry filed a petition on October 16, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a left shoulder injury related to vaccination administration (SIRVA) as a result of receiving an influenza vaccine on October 6, 2015. The respondent denied that Petitioner sustained a SIRVA Table injury or that the flu vaccine caused her condition. Despite these denials, both parties agreed to settle the case. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as her decision. The stipulation awarded Petitioner Jacqueline Deberry a lump sum of $67,821.40, payable to her. This award represents compensation for all damages available under the National Vaccine Injury Compensation Program. The decision was issued on January 10, 2020. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jacqueline Deberry alleged a left shoulder injury related to vaccination administration (SIRVA) following an influenza vaccine on October 6, 2015. The respondent denied a SIRVA Table injury or causation by the flu vaccine. The parties stipulated to settle the case. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, treatments, or expert witnesses. The case was settled via stipulation, with Special Master Katherine E. Oler adopting the stipulation as her decision. The award was a lump sum of $67,821.40. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Mollie Danielle Gorney. The decision date was January 10, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00415-0
Date issued/filed: 2020-01-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/16/19) regarding 63 DECISION Stipulation/Proffer Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-00415-UNJ Document 69 Filed 01/10/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0415V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
JACQUELINE DEBERRY, *
*
Petitioner, * Filed: October 16, 2019
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine.
*
SECRETARY OF HEALTH AND *
HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Drescher, PA, for Petitioner.
Mollie Danielle Gorney, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 23, 2017, Petitioner Jacqueline Deberry filed a petition seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Petition,
ECF No. 1. Petitioner alleges that she sustained a left shoulder injury related to vaccination
administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccination on October 6,
2015. See Stipulation ¶ 2, 4, dated October 16, 2019 (ECF No. 62); See also Petition.
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days
within which to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or
similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine
Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa-
10-' 300aa-34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine
Act are to 42 U.S.C.A. ' 300aa.

Case 1:17-vv-00415-UNJ Document 69 Filed 01/10/20 Page 2 of 7
Respondent denies “that [P]etitioner sustained a SIRVA Table injury, denies that the flu
vaccine caused [P]etitioner to suffer a left shoulder SIRVA, and denies that the flu vaccine caused
any other injury or [P]etitioner’s current condition.” See Stipulation ¶ 6. Nonetheless both parties,
while maintaining their above-stated positions, agreed in a stipulation filed October 16, 2019 that
the issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $67,821.40 in the form of a check payable to [P]etitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk
of the court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.
2

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