VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00575
Package ID: USCOURTS-cofc-1_17-vv-00575
Petitioner: Jennifer Duft
Filed: 2017-04-28
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2016-09-26
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Jennifer Duft filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 26, 2016. Ms. Duft stated the vaccine was administered in the United States, her injury lasted longer than six months, and she had not filed any other civil action for her injuries. The respondent denied that the flu vaccine caused her alleged left SIRVA or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on August 27, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Jennifer Duft was awarded a lump sum of $100,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Jeffrey S. Pop of Jeffrey S. Pop & Associates. Respondent's counsel was Glenn Alexander MacLeod of the U.S. Department of Justice. The decision was issued on October 23, 2018.

Theory of causation field:
Petitioner Jennifer Duft alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 26, 2016. The respondent denied causation. The parties filed a joint stipulation for compensation on August 27, 2018. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $100,000.00 for all damages. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Glenn Alexander MacLeod. The decision was issued on October 23, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00575-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/27/2018) regarding 34 DECISION Stipulation/Proffer, (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00575-UNJ Document 43 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0575V
Filed: August 27, 2018
UNPUBLISHED
JENNIFER DUFT,
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.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 28, 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of an influenza vaccine received on September 26,
2016. Petition at 1; Stipulation, filed August 27, 2018, at ¶¶ 1-4. Petitioner further
alleges that she received the vaccine in the United States, her injury has lasted for
longer than six months, and she has never filed a civil action for her vaccine-related
injuries. Petition at 1-4; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine
caused petitioner’s alleged left SIRVA or any other injury, and further denies that her
current disabilities are a sequela of a vaccine-related injury ” Stipulation at ¶ 6.
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-00575-UNJ Document 43 Filed 10/23/18 Page 2 of 7
Nevertheless, on August 27, 2018, 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 $100,000.00 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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