VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01072
Package ID: USCOURTS-cofc-1_17-vv-01072
Petitioner: Dana B. Strode
Filed: 2017-08-07
Decided: 2019-10-17
Vaccine: influenza
Vaccination date: 2016-10-14
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 92000

AI-assisted case summary:
Dana B. Strode filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 14, 2016. The respondent denied that the SIRVA onset occurred within the Table timeframe and denied that the flu vaccine caused the alleged SIRVA or any other injury. Despite these disagreements, the parties filed a joint stipulation on July 26, 2019, agreeing to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation and adopted it as the decision of the Court. The decision awarded Dana B. Strode a lump sum of $92,000.00, payable to petitioner, as compensation for all damages. This award represents compensation for her SIRVA, which is listed as a Table injury. The stipulation stated that this payment would be made as soon as practicable after the entry of judgment. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs. Petitioner was represented by Kelly Danielle Burdette of Burdette Law, PLLC, and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. The decision was issued on October 17, 2019.

Theory of causation field:
Petitioner Dana B. Strode alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 14, 2016. Respondent denied that the SIRVA onset was within the Table timeframe and denied that the flu vaccine caused the injury. The parties reached a joint stipulation for settlement. The public text does not detail the specific medical experts, clinical findings, onset symptoms, diagnostic tests, or treatment related to the alleged SIRVA. The theory of causation is based on SIRVA being a condition listed in the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $92,000.00 for all damages. The decision date was October 17, 2019. Petitioner's counsel was Kelly Danielle Burdette, and respondent's counsel was Mallori Browne Openchowski.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01072-0
Date issued/filed: 2019-10-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/26/2019) regarding 51 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01072-UNJ Document 54 Filed 10/17/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1072V
Filed: July 26, 2019
UNPUBLISHED
DANA B. STRODE,
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.
Kelly Danielle Burdette, Burdette Law, PLLC, North Bend, WA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 7, 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 the table injury of SIRVA after receiving the
influenza vaccine on October 14, 2016. Petition at 1, ¶¶ 2, 9; Stipulation, filed July 26,
2019 at ¶¶ 1-2, 4. Petitioner further alleges that she had not filed a civil action or
received compensation for her SIRVA. Petition at ¶ 10; Stipulation at ¶ 5. “Respondent
denies that petitioner suffered the onset of her alleged SIRVA within the Table
timeframe; denies that the flu vaccine caused petitioner’s alleged SIRVA or any other
injury and further denies that her current disabilities are a sequela of a vaccine-related
injury.” 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-01072-UNJ Document 54 Filed 10/17/19 Page 2 of 7
Nevertheless, on July 26, 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 $92,000.00 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

Case 1:17-vv-01072-UNJ Document 54 Filed 10/17/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
DANA B. STRODE,
Petitioner,
V. No. I 7-1072V
Chief Special Master Dorsey
SECRETARY OF HEALTH AND
ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Dana Strode, 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 14, 2016.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration
("SIRVA") as a consequence of the flu immunization she received on or about October 14, 2016,
and further alleges that she suffered the residual effects of this injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
Page I of 5

Case 1:17-vv-01072-UNJ Document 54 Filed 10/17/19 Page 4 of 7
6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the
Table timeframe; denies that the flu vaccine caused petitioner's alleged SIRVA or any other injury
and further denies that her current disabilities are a sequela of a vaccine-related injury.
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)(l), the Secretary of Health and Human Services will issue the
following vaccine compensation payment:
A lump sum of $92,000.00, in the form of a check payable to petitioner,
representing compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l 5( 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)(l ), 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 prepaid basis.
Page 2 of 5

Case 1:17-vv-01072-UNJ Document 54 Filed 10/17/19 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 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 attorney's fees and litigation costs, the money provided 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
l 5(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, and 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
United States 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 or about October 14, 2016, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 7, 2017 in
the United States Court of Federal Claims as petition No. 17-1072V.
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 United States Court of Federal Claims fails to enter judgment in
Page 3 of 5

Case 1:17-vv-01072-UNJ Document 54 Filed 10/17/19 Page 6 of 7
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
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or 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 SIRVA
or any other injury or any of her current disabilities.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
Page 4 of 5

Case 1:17-vv-01072-UNJ Document 54 Filed 10/17/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
DANA STRODE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PET TI ER: OF THE ATTORNEY GENERAL:
~ ~
cTH
KELLY BURDETTE RINE E. REEVES
Burdette Law, PLLC Deputy Director
249 Main Street South, Suite 107, #333 Torts Branch, Civil Division
North Bend, WA 98045 U. S. Department of Justice
Telephone: 206-83 8-1061 P. 0. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR
THE SECRETARY OF HEALTH AND RESPONDENT:
HUMAN SERVICES:
TAMARA OVERBY MA ORI B. OPENCHOWSKI
Acting Director, Division of Trial Attorney
Injury Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. Box 146
and Human Services Benjamin Franklin Station
5600 Fishers Lane Washington, D.C. 20044-0146
Parklawn Building, Stop-08Nl46B Tel: (202) 305-0660
Rockville, MD 20857
Dated:
Page 5 of 5