VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00597
Package ID: USCOURTS-cofc-1_17-vv-00597
Petitioner: Shawnta Gillespie
Filed: 2018-01-19
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2014-11-04
Condition: right shoulder adhesive capsulitis, bursitis, tendinitis, and right axillary nerve neuritis
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Shawnta Gillespie filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered right shoulder adhesive capsulitis, bursitis, tendinitis, and right axillary nerve neuritis as a result of an influenza vaccine administered on November 4, 2014. She further alleged that she suffered the residual effects of these injuries for more than six months. The respondent conceded that her alleged injuries were consistent with a shoulder injury related to vaccine administration (SIRVA), as defined by the Vaccine Injury Table, and that she had no prior history of shoulder issues. The respondent also agreed that her condition persisted for more than six months. Although the respondent denied that the flu vaccine caused any other injury, including axillary nerve neuritis, or that her current disabilities were a sequela of a vaccine-related injury, the parties ultimately filed a joint stipulation for damages. Based on this stipulation, the Chief Special Master awarded Shawnta Gillespie a lump sum of $90,000.00 in compensation for all items of damages available under the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00597-0
Date issued/filed: 2018-04-11
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 1/19/2018) regarding 21 Ruling on Entitlement. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00597-UNJ Document 28 Filed 04/11/18 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0597V
Filed: January 19, 2018
UNPUBLISHED
SHAWNTA GILLESPIE,
Special Processing Unit (SPU);
Petitioner, Ruling on Entitlement; Concession;
v. Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
SECRETARY OF HEALTH Administration (SIRVA)
AND HUMAN SERVICES,
Respondent.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
RULING ON ENTITLEMENT1
Dorsey, Chief Special Master:
On May 3, 2017, Shawnta Gillespie (“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 “right shoulder adhesive
capsulitis, bursitis, tendinitis, and right axillary nerve neuritis” as a result of an influenza
(“flu”) vaccine administered to her on November 4, 2014. Petition at 1. The case was
assigned to the Special Processing Unit of the Office of Special Masters.
On January 19, 2018, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent believes that petitioner’s alleged injury identified as right
1 Because this unpublished ruling 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-00597-UNJ Document 28 Filed 04/11/18 Page 2 of 2
shoulder adhesive capsulitis, bursitis, and tendinitis is consistent with a shoulder injury
related to vaccine administration (“SIRVA”), as defined by the Vaccine Injury Table. Id.
at 5. Petitioner had no history of pain, inflammation, or dysfunction of her left shoulder;
medical records documents that pain occurred within 48 hours after receipt of an
intramuscular vaccination; pain was limited to the shoulder in which the vaccine was
administered; and no other condition or abnormality has been identified to explain
petitioner’s shoulder pain. Id. Additionally, based on the medical records outlined in the
Rule 4(c) report, respondent agrees that petitioner suffered the residual effects of her
condition for more than six months. Id.
In view of respondent’s position and the evidence of record, the
undersigned finds that petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master

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DOCUMENT 2: USCOURTS-cofc-1_17-vv-00597-1
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/04/2018) 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-00597-UNJ Document 38 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0597V
Filed: September 4, 2018
UNPUBLISHED
SHAWNTA GILLESPIE,
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.
Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 3, 2017, Shawnta Gillespie (“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 “right shoulder adhesive
capsulitis, bursitis, tendinitis, and right axillary nerve neuritis” as a result of an influenza
(“flu”) vaccine administered to her on November 4, 2014. Petition at 1; Stipulation, filed
August 31, 2018, at ¶ 4. Petitioner further alleges that she suffered the residual effects
of these injuries for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent
agrees that petitioner’s claims based on right shoulder adhesive capsulitis, bursitis, and
tendonitis are consistent with a shoulder injury related to vaccine administration
(‘SIRVA’) but denies that the flu vaccine caused any other injury, including axillary nerve
neuritis, 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-00597-UNJ Document 38 Filed 10/23/18 Page 2 of 7
Nevertheless, on August 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 $90,000.00, 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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