VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00810 Package ID: USCOURTS-cofc-1_17-vv-00810 Petitioner: Alyssa Hilt Filed: 2017-06-15 Decided: 2019-02-27 Vaccine: influenza Vaccination date: 2015-10-19 Condition: right shoulder injury Outcome: compensated Award amount USD: 160000 AI-assisted case summary: Alyssa Hilt filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2017, alleging she suffered a right shoulder injury as a result of an influenza vaccine received on October 19, 2015. She further alleged that the sequelae of her injury lasted for more than six months. The respondent denied that the vaccine caused or significantly aggravated her alleged injury. Nevertheless, on January 23, 2019, 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. Ms. Hilt was awarded a lump sum of $160,000.00, representing compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to Ms. Hilt. Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Alyssa Hilt received an influenza vaccine on October 19, 2015, and alleged a resulting right shoulder injury (SIRVA) with sequelae lasting more than six months. Respondent denied causation or significant aggravation. The parties filed a joint stipulation on January 23, 2019, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $160,000.00 as a lump sum payable to petitioner. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation, other than the parties' agreement to compensation. Petitioner counsel was Shealene Priscilla Wasserman, and respondent counsel was Darryl R. Wishard. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00810-0 Date issued/filed: 2019-02-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 0/23/2019) regarding 67 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00810-UNJ Document 69 Filed 02/27/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0810V Filed: January 23, 2019 UNPUBLISHED ALYSSA HILT, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH Related to Vaccine Administration AND HUMAN SERVICES, (SIRVA) Respondent. Shealene Priscilla Wasserman, Muller Brazil, LLP, Dresher, PA, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 15, 2017, Alyssa Hilt (“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 right shoulder injury as a result of an influenza (“flu”) vaccine she received October 19, 2015. Petition at 1; Stipulation, filed January 23, 2019, at ¶¶ 2, 4. Petitioner further alleges that she suffered the sequela of her injury for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that the vaccine either caused or significantly aggravated petitioner’s alleged injury or any other injury, and denies that petitioner’s current disabilities are the result of a vaccine-related injury.” Stipulation at ¶ 6. 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-00810-UNJ Document 69 Filed 02/27/19 Page 2 of 7 Nevertheless, on January 23, 2019, 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 $160,000.00, 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 § 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-00810-UNJ Document 69 Filed 02/27/19 Page 3 of 7 Case 1:17-vv-00810-UNJ Document 69 Filed 02/27/19 Page 4 of 7 Case 1:17-vv-00810-UNJ Document 69 Filed 02/27/19 Page 5 of 7 Case 1:17-vv-00810-UNJ Document 69 Filed 02/27/19 Page 6 of 7 Case 1:17-vv-00810-UNJ Document 69 Filed 02/27/19 Page 7 of 7