VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00984
Package ID: USCOURTS-cofc-1_17-vv-00984
Petitioner: Deborah Langer
Filed: 2017-07-21
Decided: 2021-11-10
Vaccine: influenza
Vaccination date: 2015-09-01
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 131268

AI-assisted case summary:
Deborah Langer filed a petition for compensation under the National Vaccine Injury Program on July 21, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the influenza vaccine on September 1, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's alleged injuries or any other injury or her current condition. Despite maintaining their respective positions, the parties reached a stipulation for an award. The stipulation provided for a lump sum payment of $131,268.67, payable to Ms. Langer via check, representing compensation for all damages available under the program. Special Master Thomas L. Gowen issued a decision on the stipulation, and judgment was entered in accordance with its terms. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. The case was settled via stipulation, and the court entered judgment accordingly.

Theory of causation field:
Petitioner Deborah Langer alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 1, 2015. The respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The stipulation provided for a lump sum payment of $131,268.67 to petitioner for all damages. Special Master Thomas L. Gowen issued a decision on the stipulation on November 10, 2021. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to settle.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00984-0
Date issued/filed: 2021-12-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/10/2021) regarding 67 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:17-vv-00984-UNJ Document 74 Filed 12/15/21 Page 1 of 7
In the United States Court of Federal Claims
Office of Special Masters
Filed: November 10, 2021
* * * * * * * * * * * * * * *
DEBORAH LANGER * UNPUBLISHED
*
Petitioner, * No. 17-984V
*
v. * Special Master Gowen
*
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”);
AND HUMAN SERVICES, * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * *
John R. Howie, Howie Law, PC, Dallas, TX, for petitioner.
Althea W. Davis, U.S. Department of Justice, Washington, D.C., for respondent.
DECISION ON STIPULATION1
On July 21, 2017, Deborah Langer (“petitioner”), filed a petition for compensation under
the National Vaccine Injury Program.2 Petition (ECF No. 1). Petitioner alleges that she suffered
a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the
influenza (“flu”) vaccine on September 1, 2015. Id.
On November 9, 2021, respondent filed a stipulation providing a decision should be
entered awarding compensation to petitioner. Stipulation (ECF No. 66). Respondent denies that
the vaccines are the cause of petitioner’s alleged injuries, or any other injury or her current
condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting 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). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:17-vv-00984-UNJ Document 74 Filed 12/15/21 Page 2 of 7
that the issues between them shall be settled and that a decision should be entered awarding the
compensation to the petitioner according to the terms of the stipulation attached hereto as
Appendix A. Id. at ¶ 7.
The stipulation provides:
a) A lump sum of $131,268.67 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with
the terms of the stipulation and this decision.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).
2

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