VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00641 Package ID: USCOURTS-cofc-1_17-vv-00641 Petitioner: Sheila English Filed: 2017-05-16 Decided: 2021-11-09 Vaccine: influenza Vaccination date: 2015-10-14 Condition: Bell's palsy Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Sheila English filed a petition on May 16, 2017, alleging that an influenza vaccine administered on October 14, 2015, caused her to develop Bell's palsy. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. The parties subsequently filed a joint stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Sheila English was awarded a lump sum of $90,000.00, payable to her, representing compensation for all damages. The decision was based on this stipulation, and judgment was entered accordingly. Edward M. Kraus represented the petitioner, and Adriana R. Teitel represented the respondent. The public decision does not describe the onset of symptoms, specific clinical details, or any expert testimony. Theory of causation field: Petitioner Sheila English alleged that an influenza vaccine administered on October 14, 2015, caused her to develop Bell's palsy. The respondent denied causation. The parties filed a joint stipulation for compensation, which Special Master Nora Beth Dorsey adopted. Petitioner was awarded $90,000.00. The public decision does not specify the theory of causation, any medical experts, or the mechanism of injury. The award was based on a stipulation between the parties. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00641-0 Date issued/filed: 2021-12-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 11/09/2021) regarding 68 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (Attachments: # (1) Appendix A)(mca) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00641-UNJ Document 72 Filed 12/09/21 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 9, 2021 * * * * * * * * * * * * * * * SHEILA ENGLISH, * UNPUBLISHED * Petitioner, * No. 17-641V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Bell’s * Palsy. Respondent. * * * * * * * * * * * * * * * * * Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. Adriana R. Teitel, US Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On May 16, 2017, Sheila English (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine on October 14, 2015, she developed Bell’s palsy. Petition at 1 (ECF No. 1). On November 9, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 67). Respondent denies that the flu vaccine caused petitioner to suffer from Bell’s palsy, and further denies that the flu vaccine caused petitioner to suffer any other injury or her current condition. Id. at ¶ 6. Nevertheless, the parties 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required 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). This means the Decision will be available to anyone with access to the Internet. 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. 1 Case 1:17-vv-00641-UNJ Document 72 Filed 12/09/21 Page 2 of 2 agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $90,000.00 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). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2