VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00592
Package ID: USCOURTS-cofc-1_17-vv-00592
Petitioner: Janelle Peacock
Filed: 2017-05-02
Decided: 2018-09-12
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 95228

AI-assisted case summary:
Janelle Peacock filed a petition for compensation under the National Vaccine Injury Compensation Program on May 2, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 1, 2015. Ms. Peacock further alleged that the vaccination was administered within the United States, that she experienced residual effects of her right shoulder 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. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Peacock's alleged injury. Despite this denial, the parties filed a joint stipulation on May 31, 2018, agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. Peacock was awarded a lump sum of $95,228.00, payable to her. This amount represents compensation for all damages available under the Vaccine Act. The decision was based on the joint stipulation, not a finding of causation by the court. The stipulation also addressed future proceedings for attorneys' fees and costs. The parties, including petitioner's counsel Amber Diane Wilson and respondent's counsel Ann Donohue Martin, agreed that the stipulation represented a full and complete negotiated settlement of liability and damages, with the understanding that it was not an admission by the United States or the Secretary that the vaccine caused the alleged injury. The decision was issued on September 12, 2018.

Theory of causation field:
Petitioner Janelle Peacock filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 1, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to settle the case, and Chief Special Master Nora Beth Dorsey awarded $95,228.00 as compensation for all damages under the Vaccine Act. The stipulation stated that the award was a compromise of the parties' positions and not an admission of causation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the onset, symptoms, tests, or treatments. The case falls under the Vaccine Injury Table for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00592-0
Date issued/filed: 2018-09-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/01/2018) regarding 29 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00592-UNJ Document 39 Filed 09/12/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-592V
Filed: June 1, 2018
UNPUBLISHED
JANELLE PEACOCK,
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.
Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Ann Donohue Martin, 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 a shoulder injury related to vaccine
administration (“SIRVA”) after receiving an influenza (“flu”) vaccination on October 1,
2015. Petition at 1; Stipulation, filed May 31, 2018, at ¶ 1. Petitioner further alleges that
the vaccination was administered within the United States, that she experienced the
residual effects of her right shoulder 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 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that the
influenza vaccine caused petitioner to suffer a right shoulder injury, or any 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-00592-UNJ Document 39 Filed 09/12/18 Page 2 of 7
Nevertheless, on May 31, 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 $95,228.00 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

Case 1:17-vv-00592-UNJ Document 39 Filed 09/12/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
____________________________________
)
JANELLE PEACOCK, )
)
Petitioner, )
) No. 17-592V
v. ) Chief Special Master Dorsey
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
____________________________________)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner filed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the “Vaccine Program”). The petition
seeks compensation for injuries allegedly related to petitioner’s receipt of the influenza vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
2. Petitioner received her influenza immunization on October 1, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a right shoulder injury as a result of the influenza
vaccine. Petitioner further alleges that she experienced the residual effects of her right shoulder
injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the influenza vaccine caused petitioner to suffer a right
shoulder injury, or any other injury.

Case 1:17-vv-00592-UNJ Document 39 Filed 09/12/18 Page 4 of 7
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 the
compensation described in paragraph 8of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue a
lump sum payment of $95,228.00 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).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys’ fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. §
1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
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Case 1:17-vv-00592-UNJ Document 39 Filed 09/12/18 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees, litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be usedsolely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of
42U.S.C. §§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the influenza vaccination administered on October 1,
2015,as alleged by petitioner in a petition for vaccine compensation filed on or about May 2,
2017,in the United States Court of Federal Claims as petition No. 17-592V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties’
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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Case 1:17-vv-00592-UNJ Document 39 Filed 09/12/18 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties’ respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and HumanServices that the influenza vaccine caused petitioner’s alleged
right shoulder injury, or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner’s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:17-vv-00592-UNJ Document 39 Filed 09/12/18 Page 7 of 7