VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00566
Package ID: USCOURTS-cofc-1_17-vv-00566
Petitioner: Daniele Tucker
Filed: 2017-04-25
Decided: 2018-12-11
Vaccine: influenza
Vaccination date: 2015-09-01
Condition: right shoulder injury
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Daniele Tucker filed a petition on April 25, 2017, alleging she suffered a right shoulder injury as a result of receiving an influenza vaccination in September 2015. The respondent denied that the flu vaccine caused her injury. The parties, represented by Andrew Donald Downing for the petitioner and Heather Lynn Pearlman for the respondent, filed a joint stipulation on December 11, 2018. In the stipulation, they agreed that a decision should be entered awarding compensation to Ms. Tucker. The stipulation awarded a lump sum of $30,000.00, payable to the petitioner, to cover all damages. Special Master Thomas L. Gowen reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Judgment was ordered to be entered in accordance with the stipulation, and both parties waived their right to seek review. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.

Theory of causation field:
Petitioner Daniele Tucker alleged a right shoulder injury following an influenza vaccination in September 2015. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The stipulation awarded a lump sum of $30,000.00 for all damages. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court on December 11, 2018. The public text does not specify the theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00566-0
Date issued/filed: 2019-01-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: December 11, 2018) regarding 45 DECISION of Special Master on Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made.
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Case 1:17-vv-00566-UNJ Document 50 Filed 01/07/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: December 11, 2018
* * * * * * * * * * * * * * * * * * * * * * * * *
DANIELE TUCKER, * UNPUBLISHED
*
* No. 17-566V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Joint Stipulation; Influenza (Flu);
AND HUMAN SERVICES, * Right Shoulder Injury.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner.
Heather Lynn Pearlman, United States Department of Justice, Washington, DC, for respondent.
DECISION ON STIPULATION1
On April 25, 2017, Daniele Tucker (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program (“Program”).2 Petition (ECF No. 1). Petitioner alleged that she
suffered a right shoulder injury as a result of receiving an influenza (“flu”) vaccination in
September 2015. Id. at Preamble.
On December 11, 2018, the parties filed a joint stipulation in which they stated that a
decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 44).
Respondent denied that flu vaccine caused petitioner to suffer a right shoulder injury, or any other
injury or condition. Id. at ¶ 6.
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a
reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision
is posted on the court’s website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed
redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision
will be posted on the court’s website without any changes. 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. §§ 300aa-1 to -34 (2012)
(“Vaccine Act” or “the Act”).

Case 1:17-vv-00566-UNJ Document 50 Filed 01/07/19 Page 2 of 7
Maintaining their above-stated positions, the parties nevertheless now agree that the issues
between them shall be settled and that a decision should be entered awarding compensation to
petitioner according to the terms of the joint stipulation attached hereto as Appendix A.
The joint stipulation awards:
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).
I find the stipulation reasonable and I adopt it as the decision of the Court in
awarding damages, on the terms set forth therein.
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
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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