VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00788
Package ID: USCOURTS-cofc-1_17-vv-00788
Petitioner: Kristi Arrant
Filed: 2017-06-13
Decided: 2018-10-24
Vaccine: influenza
Vaccination date: 2014-10-01
Condition: shoulder injury
Outcome: compensated
Award amount USD: 99131

AI-assisted case summary:
Kristi Arrant filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2017, alleging she suffered a shoulder injury caused by an influenza vaccine received on October 1, 2014. She further alleged that the residual effects of this injury lasted for more than six months. The respondent denied that the influenza vaccine caused petitioner's shoulder injury or any other injury or her current condition. Despite this denial, the parties filed a joint stipulation on September 10, 2018, agreeing to settle the issues between them and to enter a decision 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, Kristi Arrant was awarded a lump sum of $99,131.56, payable to her, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). This amount represents a compromise of liability and damages. The stipulation also addressed future proceedings for the award of reasonable attorneys' fees and costs. The parties agreed that the payment would be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient funds. Petitioner, on behalf of herself and her heirs, released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the October 1, 2014, influenza vaccination. The stipulation stated that it was a full and complete negotiated settlement of liability and damages, except for attorneys' fees and litigation costs, and 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 October 24, 2018. Petitioner was represented by Damon Louis Beard of Townsley Law Firm, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kristi Arrant alleged a shoulder injury caused by an influenza vaccine received on October 1, 2014, with residual effects lasting more than six months. The respondent denied causation. The case was treated as a Table claim for SIRVA (Shoulder Injury Related to Vaccine Administration). The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $99,131.56 as compensation for all damages. The award represents a compromise of liability and damages. Attorneys' fees and costs were to be addressed in subsequent proceedings. The stipulation was not an admission of causation by the respondent. Petitioner was represented by Damon Louis Beard, and respondent by Althea Walker Davis. The decision date was October 24, 2018.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00788-0
Date issued/filed: 2018-10-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/14/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00788-UNJ Document 30 Filed 10/24/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-788V
Filed: September 14, 2018
UNPUBLISHED
KRISTI ARRANT,
Special Processing Unit (SPU); Joint
Stipulation on Damages; Influenza
Petitioner,
(Flu) Vaccine; Shoulder Injury
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Damon Louis Beard, Townsley Law Firm, Lake Charles, LA, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 13, 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 caused by an influenza
(“flu”) vaccination she received on October 1, 2014. Petition at 1; Stipulation, filed
September 10, 2018, at ¶ 4. Petitioner further alleges that she suffered the residual
effects of her injury for more than six months. Petition at 2; Stipulation at ¶ 4.
“Respondent denies that the flu vaccine caused petitioner to suffer a shoulder injury or
any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on September 10, 2018, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
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. Because this unpublished decision contains a reasoned explanation for the
action in this case, 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).
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-00788-UNJ Document 30 Filed 10/24/18 Page 2 of 7
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 $99,131.56 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-00788-UNJ Document 30 Filed 10/24/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
KRISTI ARRANT, )
)
Petitioner, ) No. l 7"788V
) Chief Specia.I Master
v. ) Nora Beth Dorsey
) ECF
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Kristi Arrant, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Yaccine Program").
t
The petition seeks compensaion for injuries allegedly related to petitioner's receipt of the
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on or about October 1, 2014.
i t
3. The vaccine was administered within the Un ted S ates
.
4. Peti
tioner
alleges
t
hat she suffered a shoulder injury caused by the administration of
t
the Oc ober I, 2014 flu vaccination and that she suffered the residual effects of this injury for
more than six months
.
t
5 Petitioner represents that there has been no prior award or settlement of a civil acion
. .
for damages on her behalf as a result of her alleged vaccine injury.
6. Respondent denies that the flu vaccine caused petitioner to suffer a shoulder injury or
any other injury or her current condition.
1

Case 1:17-vv-00788-UNJ Document 30 Filed 10/24/18 Page 4 of 7
7. Ma � ntaining 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
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compensatio described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
t o i
the terms of this Stipulation, and after peiti ner has fled an election to receive compensaton
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
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the following yaccine compensatio payment:
A lump sum of $99, 131.56 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-l 5(a).
j
9. As soon as practicable after the entry of udgment on entitlement in this case, and after
petitioner has filed both a pro p er and timely election to receive co m pensat i on pursuant to 42
i
U.S.C. § 300aa-21(a){l), and .an applcation , the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
p i
et tion.
ti
10. Peti oner and her attorney represent that they have identified to respondent all known
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sources of payment for items or services for which the Program is not p imarly liable under 42
u
U.S.C. § 300aa-15(g), incl ding 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 se q . )) , or ent i ties that provide health services on a pre-paid basis.
11. Payment made p u rsuant to pa r agraph 8 and any amo un ts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance :with 42 U.S.C. § 300aa-l 5(i), subject
to the availability of sufficient statutory " funds.
12. The parties and their attorneys further agree and stipulate t hat, except for any award
2

Case 1:17-vv-00788-UNJ Document 30 Filed 10/24/18 Page 5 of 7
for attorney ' s fees and litigation costs, the money provided pursuant to this Stipulation will be
used solely 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 42 U.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 flu vaccination administered on October 1, 2014, as
alleged by petitioner in a �etition � or vaccine compensation fled on or about June 13, 2017, in
the United States Court of Federal Claims as petition No. l 7-788V.
14. If petitioner should die prior to entry ofj udgment, 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 ofthi·s Stipulation , then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
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
3

Case 1:17-vv-00788-UNJ Document 30 Filed 10/24/18 Page 6 of 7
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 Human Services that the flu vaccine caused petitioner's alleged shoulder
injury or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULA noN
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