VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00539
Package ID: USCOURTS-cofc-1_17-vv-00539
Petitioner: Loretta Shirley
Filed: 2017-04-17
Decided: 2021-05-07
Vaccine: influenza
Vaccination date: 2014-10-27
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Loretta Shirley filed a petition on April 17, 2017, alleging that she sustained a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 27, 2014. The respondent denied that petitioner sustained a SIRVA Table injury within the Table timeframe, denied that the flu vaccine caused her alleged shoulder injury or any other injury or condition, denied that her alleged injury persisted for at least six months, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, the parties filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $30,000.00, representing compensation for all damages available under the Vaccine Act. Judgment was entered in accordance with the stipulation. Edward M. Kraus represented the petitioner, and Debra A. Filteau Begley represented the respondent.

Theory of causation field:
Petitioner Loretta Shirley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 27, 2014. Respondent denied a Table injury, causation, duration of at least six months, and sequelae. The parties stipulated to an award. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, treatments, or expert witnesses. Special Master Nora Beth Dorsey adopted the stipulation, awarding $30,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was based on a stipulation, not a finding of fact or law after litigation. Attorneys involved were Edward M. Kraus for the petitioner and Debra A. Filteau Begley for the respondent. The decision date was May 7, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00539-0
Date issued/filed: 2021-06-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 5/7/2021) regarding 72 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:17-vv-00539-UNJ Document 76 Filed 06/02/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: May 7, 2021
* * * * * * * * * * * * * * * * * * *
LORETTA SHIRLEY, * UNPUBLISHED
*
Petitioner, * No. 17-539V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Shoulder
* Injury Related to Vaccine
Respondent. * Administration (“SIRVA”).
*
* * * * * * * * * * * * * * * * * * *
Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner.
Debra A. Filteau Begley, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On April 17, 2017, Loretta Shirley (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine
on October 27, 2014, she developed a shoulder injury related to vaccine administration
(“SIRVA”). Petition at Preamble (ECF No. 1).
On May 7, 2021, the parties filed a stipulation recommending an award of compensation
to petitioner. Stipulation (ECF No. 71). Respondent denies that petitioner sustained a SIRVA
Table injury within the Table timeframe; denies that the flu vaccine caused her alleged shoulder
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
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. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision
to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa.
1

Case 1:17-vv-00539-UNJ Document 76 Filed 06/02/21 Page 2 of 7
injury, or any other injury or condition; denies that her alleged injury persisted for at least six
months; and denies that her current condition is a sequalae of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $30,000.00 in the form of a check payable to petitioner.
This amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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