VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00891
Package ID: USCOURTS-cofc-1_17-vv-00891
Petitioner: Rochelle Belt
Filed: 2017-06-29
Decided: 2018-10-17
Vaccine: influenza
Vaccination date: 2016-10-17
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Rochelle Belt filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 17, 2016, or alternatively, that this injury was caused-in-fact by the vaccine. Ms. Belt stated that the vaccination occurred in the United States and that she experienced residual effects for more than six months. She also affirmed that no civil action had been filed and no other compensation had been received for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Belt's right shoulder injury or any other condition. Subsequently, the parties submitted a joint stipulation for damages, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Ms. Belt was awarded a lump sum of $55,000.00, payable by check, as compensation for all items of damages. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Traci R. Patton of the U.S. Department of Justice. The decision was issued on October 17, 2018.

Theory of causation field:
Petitioner Rochelle Belt alleged a shoulder injury related to vaccine administration (SIRVA) or, in the alternative, a cause-in-fact injury from an influenza vaccine received on October 17, 2016. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $55,000.00. The public decision does not detail the specific medical mechanism, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Traci R. Patton. The decision date was October 17, 2018.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-00891-0
Date issued/filed: 2018-10-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/27/2018) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-00891-UNJ Document 34 Filed 10/17/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0891V
Filed: July 27, 2018
UNPUBLISHED
ROCHELLE BELT,
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.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On June 29, 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 Table injury, shoulder injury related to
vaccine administration (“SIRVA”), or, in the alternative, that her right shoulder injury was
caused-in-fact by the influenza vaccine she received on October 17, 2016. Petition at 1,
¶¶ 5, 14; Stipulation, filed July 27, 2018, at ¶¶ 1-2, 4. Petitioner further alleges that she
received her vaccination in the United States, suffered the residual effects of her injury
for more than six months and that neither she nor any other party has filed a civil action
or received an award for her injury, alleged as vaccine caused. Petition at ¶¶ 5, 15-17;
Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to
suffer a right shoulder injury, or any other injury or condition.” 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-00891-UNJ Document 34 Filed 10/17/18 Page 2 of 7
Nevertheless, on July 27, 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 $55,000.00 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-00891-UNJ Document 34 Filed 10/17/18 Page 3 of 7

Case 1:17-vv-00891-UNJ Document 34 Filed 10/17/18 Page 4 of 7

Case 1:17-vv-00891-UNJ Document 34 Filed 10/17/18 Page 5 of 7

Case 1:17-vv-00891-UNJ Document 34 Filed 10/17/18 Page 6 of 7

Case 1:17-vv-00891-UNJ Document 34 Filed 10/17/18 Page 7 of 7