VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00591
Package ID: USCOURTS-cofc-1_17-vv-00591
Petitioner: Aimee Nichols
Filed: 2017-05-02
Decided: 2018-06-12
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: left shoulder injuries, to include tendinopathy and adhesive capsulitis
Outcome: compensated
Award amount USD: 140000

AI-assisted case summary:
On May 2, 2017, Aimee Nichols filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered left shoulder injuries, including tendinopathy and adhesive capsulitis, caused by her influenza vaccine administered on October 1, 2015. Petitioner further alleged that she suffered residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that the flu vaccine caused petitioner's alleged left shoulder injuries or any other injury, and further denied that petitioner's disabilities were sequelae of a vaccine-related injury. On March 7, 2018, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, the Chief Special Master awarded Aimee Nichols a lump sum of $140,000.00, payable to petitioner, as compensation for all items of damages. This decision was issued on June 12, 2018. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. The case proceeded as a Table claim for Shoulder Injury Related to Vaccine Administration (SIRVA).

Theory of causation field:
Petitioner Aimee Nichols alleged that an October 1, 2015 influenza vaccine caused left shoulder injuries, including tendinopathy and adhesive capsulitis. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The case proceeded as a Table claim for SIRVA. Petitioner was awarded $140,000.00 in a lump sum. The decision date was June 12, 2018. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Lisa Ann Watts.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00591-0
Date issued/filed: 2018-06-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/7/2018) regarding 28 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00591-UNJ Document 31 Filed 06/12/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-591V
Filed: March 7, 2018
UNPUBLISHED
AIMEE NICHOLS,
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.
Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner.
Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 2, 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 left shoulder injuries, to include tendinopathy
and adhesive capsulitis, caused by the administration of her October 1, 2015 influenza
(“flu”) vaccine. Petition at 1; Stipulation, filed March 7, 2018, at ¶ 4. Petitioner further
alleges that she suffered the residual effects of her injury for more than six months and
that there has been no prior award or settlement of a civil action for damages on her
behalf as a result of her condition. Petition at 4; Stipulation at ¶¶ 4-5. “Respondent
denies that the flu vaccine caused petitioner’s alleged left shoulder injuries, to include
tendinopathy and adhesive capsulitis, or any other injury, and further denies that
petitioner’s current disabilities are sequelae 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-00591-UNJ Document 31 Filed 06/12/18 Page 2 of 7
Nevertheless, on March 7, 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 $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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