VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00925
Package ID: USCOURTS-cofc-1_17-vv-00925
Petitioner: Rebecca Curl
Filed: 2017-07-10
Decided: 2018-10-23
Vaccine: influenza
Vaccination date: 2016-10-04
Condition: right shoulder injuries
Outcome: compensated
Award amount USD: 50865

AI-assisted case summary:
Rebecca Curl filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2017, alleging that she suffered a right shoulder injury causally related to an influenza vaccination she received on October 4, 2016. Ms. Curl stated that the vaccination occurred in the United States and that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her shoulder injury or any other injury or condition. Despite this denial, the parties filed a joint stipulation on August 28, 2018, agreeing to a settlement. 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, Ms. Curl was awarded a lump sum of $50,865.20, payable to her, representing compensation for all damages available under the program. This amount was to be paid as soon as practicable after the entry of judgment. The decision was issued on October 23, 2018. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Ann Mayhew Golski of Maglio Christopher & Toale, PA, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice. The injury, Shoulder Injury Related to Vaccine Administration (SIRVA), is listed on the Vaccine Injury Table.

Theory of causation field:
Petitioner Rebecca Curl alleged that an influenza vaccine received on October 4, 2016, caused a right shoulder injury. The respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to an award of $50,865.20. The injury, Shoulder Injury Related to Vaccine Administration (SIRVA), is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The stipulation states that the parties agreed to settle the issues and that the award represents a compromise of their respective positions. Chief Special Master Nora Beth Dorsey issued the decision on October 23, 2018. Petitioner's counsel was Ann Mayhew Golski, and respondent's counsel was Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00925-0
Date issued/filed: 2018-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/29/2018) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00925-UNJ Document 40 Filed 10/23/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-0925V
Filed: August 29, 2018
UNPUBLISHED
REBECCA CURL,
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.
Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 10, 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 right shoulder causally related to the
influenza vaccination she received on October 4, 2016. Petition at ¶¶ 1, 8; Stipulation,
filed Aug. 28, 2018, at ¶¶ 1-2, 4. Petitioner further alleges that she received the
vaccination in the United States, suffered the residual effects of her injury for more than
six month, and that neither she nor any other party has filed a civil action or received an
award or settlement for her injury alleged as vaccine caused. Petition at ¶¶1, 9, 12-13;
Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine is the cause of her
shoulder injury or any other injury or her current condition.” Stipulation at ¶ 6.
Nevertheless, on August 28, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00925-UNJ Document 40 Filed 10/23/18 Page 2 of 7
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 $50,865.20 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.
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Case 1:17-vv-00925-UNJ Document 40 Filed 10/23/18 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
REBECCA CURL, )
)
Petitioner, )
)
v. ) No. 17-925V
) Chief Special Master Nora Beth Dorsey
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner Rebecca Curl (“petitioner”) filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the “Vaccine
Program”). The petition seeks compensation 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 4, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop right shoulder injuries and
that she experienced residual effects of these injuries for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.
6. Respondent denies that the flu vaccine is the cause of petitioner’s shoulder injury or
any other injury or her current condition.

Case 1:17-vv-00925-UNJ Document 40 Filed 10/23/18 Page 4 of 7
7. Maintaining 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
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $50,865.20, in the form of a check payable to petitioner, for all
damages that would be available under 42 U.S.C. §300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-21(a)(1), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys’ fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including 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 seq.)), or entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys’ fees and litigation costs and past unreimbursable expenses, the money provided
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Case 1:17-vv-00925-UNJ Document 40 Filed 10/23/18 Page 5 of 7
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 4, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about July 10, 2017, in
the United States Court of Federal Claims as petition No. 17-925V.
14. If petitioner should die prior to entry of judgment, 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 of this 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
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Case 1:17-vv-00925-UNJ Document 40 Filed 10/23/18 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 STIPULATION
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