VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01047
Package ID: USCOURTS-cofc-1_17-vv-01047
Petitioner: Joy Whittemore
Filed: 2019-03-19
Decided: 2019-05-29
Vaccine: influenza
Vaccination date: 2016-10-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Joy Whittemore filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 22, 2016 influenza immunization. She further alleged that she experienced residual effects of this injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. The respondent denied that the petitioner's alleged SIRVA injury, or any other injury, was caused by a flu vaccination. Despite the respondent's denial, on March 19, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Joy Whittemore was awarded a lump sum of $50,000.00, to be paid in the form of a check payable to Ms. Whittemore. This amount represents compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Joy Whittemore alleged a shoulder injury related to vaccine administration (SIRVA) following an October 22, 2016 influenza vaccination, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on May 29, 2019. The stipulation resulted in a $50,000.00 lump sum award to the petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01047-0
Date issued/filed: 2019-05-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/19/2019) regarding 40 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01047-UNJ Document 43 Filed 05/29/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1047V
Filed: March 19, 2019
UNPUBLISHED
JOY WHITTEMORE,
Petitioner,
Special Processing Unit (SPU); Joint
v.
Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND
Related to Vaccine Administration
HUMAN SERVICES,
(SIRVA)
Respondent.
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 3, 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of her October 22, 2016 influenza (“flu”)
immunization. Petition at 1; Stipulation, filed March 19, 2019, at ¶¶ 4. Petitioner further
alleges that she experienced residual effects of this injury for more than six months and
that there has been no prior award or settlement of a civil action for damages on her
behalf as a result of her condition. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent
denies that petitioner’s alleged SIRVA injury, or any other injury, was caused by a flu
vaccination. ” Stipulation at ¶ 6.
1 The undersigned intends to post this decision on the United States Court of Federal Claims' website.
This means the decision will be available to anyone with access to the internet. 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. Because this unpublished decision contains a reasoned explanation for the
action in this case, undersigned is required 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).
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-01047-UNJ Document 43 Filed 05/29/19 Page 2 of 7
Nevertheless, on March 19, 2019, 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 $50,000.00 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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