VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00886
Package ID: USCOURTS-cofc-1_17-vv-00886
Petitioner: Christina Nelson
Filed: 2017-06-28
Decided: 2018-10-10
Vaccine: influenza
Vaccination date: 2016-09-28
Condition: severe left shoulder pain
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Christina Nelson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2017, alleging she suffered severe left shoulder pain after receiving an influenza vaccine on September 28, 2016. She claimed residual effects for more than six months. The respondent denied that the flu vaccine caused her Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on July 9, 2018. 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, Christina Nelson was awarded a lump sum of $60,000.00, payable to her, as compensation for all items of damages. The decision was issued on October 10, 2018. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Lynn Elizabeth Ricciardella of the U.S. Department of Justice.

Theory of causation field:
Petitioner Christina Nelson received an influenza vaccine on September 28, 2016, and subsequently alleged severe left shoulder pain, claiming residual effects for more than six months. Respondent denied that the vaccine caused SIRVA or any other injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The case resulted in a compensated outcome, with a lump sum award of $60,000.00 for all damages. The decision date was October 10, 2018, and the petition was filed on June 28, 2017. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Lynn Elizabeth Ricciardella.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00886-0
Date issued/filed: 2018-10-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/10/2018) 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-00886-UNJ Document 39 Filed 10/10/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0886V
Filed: July 10, 2018
UNPUBLISHED
CHRISTINA NELSON,
Special Processing Unit (SPU); Joint
Petitioner,
Stipulation on Damages; Influenza
v.
(Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
SECRETARY OF HEALTH AND
(SIRVA)
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner.
Lynn Elizabeth Ricciardella, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 28, 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 severe left shoulder pain after receiving the
influenza vaccine on September 28, 2016. Petition at 1; Stipulation, filed July 9, 2018,
at ¶¶ 1-2, 4. Petitioner further alleges she suffered the residual effects of her injury for
more than six months and has never filed a civil action for her injury alleged as vaccine
caused. Petition at ¶¶ 18, 20; Stipulation at ¶¶ 4-5. “Respondent denies that the flu
vaccine caused petitioner to suffer from SIRVA, or any other injury, and denies that
petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶
6.
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-00886-UNJ Document 39 Filed 10/10/18 Page 2 of 7
Nevertheless, on July 9, 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.
Pursuant to the terms stated in the attached Stipulation, the undersigned
awards the following compensation:
A lump sum of $60,000.00 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

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