VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01052
Package ID: USCOURTS-cofc-1_17-vv-01052
Petitioner: Kathy Reid
Filed: 2017-08-03
Decided: 2020-01-06
Vaccine: pneumococcal
Vaccination date: 2015-11-04
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 51000

AI-assisted case summary:
Kathy Reid filed a petition on August 3, 2017, alleging that a pneumococcal (Prevnar) vaccine administered on November 4, 2015, caused a left shoulder injury. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury or that it constituted a Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. Despite the respondent's denials, the parties filed a joint stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum award of $51,000.00, payable to Kathy Reid, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The parties agreed to expedite the judgment process by waiving their right to seek review. The decision was issued on January 6, 2020. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Heather Pearlman of the U.S. Department of Justice.

Theory of causation field:
Petitioner Kathy Reid alleged a left shoulder injury resulting from a pneumococcal (Prevnar) vaccine administered on November 4, 2015. Respondent denied causation and that the injury was a Table injury (SIRVA). The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $51,000.00 as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details beyond the alleged condition. The theory of causation is based on a stipulation, not a finding of fact after litigation. The award was made under the National Vaccine Injury Compensation Program. Special Master Nora Beth Dorsey issued the decision on January 6, 2020. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Heather Pearlman.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01052-0
Date issued/filed: 2020-02-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 1/6/2020) regarding 40 DECISION Stipulation Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made.
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Case 1:17-vv-01052-UNJ Document 44 Filed 02/03/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: January 6, 2020
* * * * * * * * * * * * * * * * * * *
KATHY REID, * UNPUBLISHED
*
*
Petitioner, * No. 17-1052V
*
v. * Special Master Dorsey
*
SECRETARY OF HEALTH * Decision Based on Stipulation;
AND HUMAN SERVICES, * Pneumococcal (Prevnar) Vaccine;
* Shoulder Injury Related to Vaccine
Respondent. * Administration (SIRVA).
*
* * * * * * * * * * * * * * * * * * *
Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner.
Heather Pearlman, US Department of Justice, Washington, DC, for respondent.
DECISION BASED ON STIPULATION1
On August 3, 2017, Kathy Reid (“petitioner”) filed a petition in the National Vaccine
Injury Compensation Program.2 Petitioner alleged that as a result of a pneumococcal (“prevnar”)
vaccine administered to her on November 4, 2015, petitioner suffered a left shoulder injury.
Petition at 1-2.
On January 6, 2020, the parties filed a stipulation recommending an award of
compensation to petitioner. Stipulation (ECF No. 39). Respondent denies that the Prevnar
1 Because this Decision contains a reasoned explanation for the action in this case, the
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). 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.
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. § 300aa.
1

Case 1:17-vv-01052-UNJ Document 44 Filed 02/03/20 Page 2 of 7
vaccine administered on or about November 4, 2015 caused petitioner’s left shoulder injury, any
other injury, or petitioner’s current condition. Respondent further denies that the petitioner
sustained a table injury, namely, a Shoulder Injury Related to Vaccine Administration
(“SIRVA”). Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix
A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
(1) A lump sum of $51,000.00 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). Stipulation at ¶ 8.
The undersigned approves the requested amount for petitioners’ compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Nora B. Dorsey
Nora B. Dorsey
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint
filing of notice renouncing the right to seek review.
2

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