VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00638
Package ID: USCOURTS-cofc-1_17-vv-00638
Petitioner: Diana Bell
Filed: 2017-05-15
Decided: 2018-09-26
Vaccine: Pneumococcal Conjugate Vaccine (Prevnar 13)
Vaccination date: 2016-03-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50744

AI-assisted case summary:
Diana Bell filed a petition for compensation under the National Vaccine Injury Compensation Program on May 15, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Prevnar 13 vaccine on March 28, 2016, and that her vaccine-related injuries lasted for more than six months. The respondent denied that the vaccine caused her injury. On June 22, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Diana Bell was awarded a lump sum of $50,744.66, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on September 26, 2018. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Robert Paul Coleman, III.

Theory of causation field:
Petitioner Diana Bell alleged a shoulder injury related to vaccine administration (SIRVA) following a Prevnar 13 vaccine on March 28, 2016, with injuries lasting over six months. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public text does not describe the specific mechanism of injury, expert testimony, or clinical details of the injury, onset, symptoms, tests, or treatments. The case was resolved via stipulation, with Chief Special Master Nora Beth Dorsey adopting the stipulation as the decision. The award was a lump sum of $50,744.66. The theory of causation is based on the "Table" for SIRVA, as indicated by the case outcome and the nature of the alleged injury. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Robert Paul Coleman, III. The decision date was September 26, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00638-0
Date issued/filed: 2018-09-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/22/2018) 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-00638-UNJ Document 38 Filed 09/26/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0638V
Filed: June 22, 2018
UNPUBLISHED
DIANA BELL,
Special Processing Unit (SPU); Joint
Stipulation on Damages;
Petitioner,
Pneumococcal Conjugate Vaccine
v.
(Prevnar 13); Shoulder Injury Related
to Vaccine Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 15, 2017, Diana Bell (“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 receiving a Prevnar 13 vaccine on March 28,
2016. Petition at 1; Stipulation, filed June 22, 2018, at ¶ 4. Petitioner further alleges
that her vaccine related injuries have lasted for more than six months. Petition at 5;
Stipulation at ¶ 4. “Respondent denies that the Prevnar 13 vaccine caused petitioner to
suffer from a shoulder injury or any other injury.” Stipulation at ¶ 6.
Nevertheless, on June 22, 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.
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-00638-UNJ Document 38 Filed 09/26/18 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $50,744.66, 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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