VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00678
Package ID: USCOURTS-cofc-1_17-vv-00678
Petitioner: Elizabeth Turner
Filed: 2017-05-23
Decided: 2022-03-01
Vaccine: influenza
Vaccination date: 2015-10-01
Condition: shoulder injury
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
On May 23, 2017, Elizabeth Turner filed a petition under the National Vaccine Injury Compensation Program alleging a shoulder injury after receiving an influenza vaccine on October 1, 2015. The respondent denied that the immunization caused the alleged injury. The parties, however, reached a settlement agreement. The joint stipulation, filed on February 4, 2022, outlined the settlement terms. Respondent agreed to a lump sum payment of $25,000.00, payable by check to Elizabeth Turner, as compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded compensation in the agreed-upon amount and terms. The decision directed the Clerk of the Court to enter judgment accordingly. Petitioner was represented by Amy Senerth, Esq., and respondent was represented by Andrew Henning, Esq. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony.

Theory of causation field:
Petitioner Elizabeth Turner alleged a shoulder injury following an influenza vaccine administered on October 1, 2015. Respondent denied causation. The parties reached a settlement, and Special Master Mindy Michaels Roth adopted their joint stipulation. The settlement included a $25,000.00 lump sum payment to Ms. Turner for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or any expert testimony presented. The case was settled via stipulation, with petitioner represented by Amy Senerth, Esq., and respondent by Andrew Henning, Esq., with Special Master Mindy Michaels Roth issuing the decision on March 1, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00678-0
Date issued/filed: 2022-03-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/4/2022) regarding 67 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:17-vv-00678-UNJ Document 71 Filed 03/01/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-678V
Filed: February 4, 2022
* * * * * * * * * * * * * * *
ELIZABETH TURNER, *
* UNPUBLISHED
Petitioner, *
v. * Decision on Joint Stipulation;
* Shoulder Injury; Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccine
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * *
Amy Senerth, Esq., Muller Brail, LLP, Dresher, PA, for petitioner.
Andrew Henning, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On May 23, 2017, Elizabeth Turner [“Ms. Turner” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she suffered from a shoulder injury after receiving an Influenza (“flu”) vaccine on October 1, 2015.
Stipulation, filed Feb. 4, 2022 at ¶¶ 1-4. Respondent denies that the immunization caused
petitioner’s injury. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On February 4, 2022, the parties
filed a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347,
116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will
be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes
medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). Otherwise, the whole Decision will be available to the public. Id.
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-00678-UNJ Document 71 Filed 03/01/22 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $25,000.00 in the form of a check payable to petitioner, Elizabeth
Turner. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The Clerk of the Court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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