VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00929
Package ID: USCOURTS-cofc-1_17-vv-00929
Petitioner: Elizabeth Evans
Filed: 2017-07-01
Decided: 2020-08-13
Vaccine: influenza
Vaccination date: 2015-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 38500

AI-assisted case summary:
Elizabeth Evans filed a petition on July 1, 2017, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2015. The respondent denied that Petitioner sustained a Table SIRVA injury or that the influenza vaccine caused her injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on June 24, 2020. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the court's decision. The stipulation awarded Elizabeth Evans a lump sum of $38,500.00 as compensation for all available damages. The court approved this award and directed the Clerk to enter judgment.

Theory of causation field:
Petitioner Elizabeth Evans alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 9, 2015. Respondent denied a Table SIRVA injury and causation. The parties stipulated to settle the case. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. The award was a lump sum of $38,500.00 for all damages. Special Master Katherine E. Oler issued the decision on August 13, 2020, based on the joint stipulation. Petitioner's counsel was Shealene Mancuso of Muller Brazil, LLP, and Respondent's counsel was Robert Coleman III of the U.S. Department of Justice.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00929-0
Date issued/filed: 2020-08-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/24/2020) regarding 55 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:17-vv-00929-UNJ Document 60 Filed 08/13/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-929V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
ELIZABETH EVANS,
*
* Filed: June 24, 2020
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine; Shoulder
SECRETARY OF HEALTH AND * Injury Related to Vaccine Administration
HUMAN SERVICES, * (SIRVA).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Shealene Mancuso, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Robert Coleman III, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 1, 2017, Elizabeth Evans (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered a shoulder injury related to vaccine administration (SIRVA)
as a result if receiving an influenza vaccine on October 9, 2015. See Stipulation ¶ 2, 4, dated June
24, 2020 (ECF No. 454); see also Petition.
Respondent denies “that [P]etitioner sustained a Table SIRVA injury, and denies that the
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the ruling will be available to anyone with access to the internet. As provided
by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days
within which to request redaction “of any information furnished by that party: (1) that is a trade secret or
commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or
similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine
Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:17-vv-00929-UNJ Document 60 Filed 08/13/20 Page 2 of 7
influenza vaccine caused [P]etitioner to suffer from a shoulder injury or any other injury.” See
Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed
in a stipulation filed June 24, 2020 that the issues before them can be settled and that a decision
should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $38,500.00 in the form of a check payable to [P]etitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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