VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01170
Package ID: USCOURTS-cofc-1_17-vv-01170
Petitioner: Carol Clark
Filed: 2017-08-30
Decided: 2019-08-14
Vaccine: influenza
Vaccination date: 2015-11-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 82500

AI-assisted case summary:
Carol Clark filed a petition on August 30, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 13, 2015. Ms. Clark further claimed that she experienced residual effects of her condition for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on May 16, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Carol Clark was awarded a lump sum of $82,500.00, payable by check to the petitioner, as compensation for all items of damages available under § 15(a). The case proceeded as a Table claim. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Carol Clark alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 13, 2015. The case proceeded as a Table claim. The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on May 16, 2019. The stipulation resulted in an award of $82,500.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01170-0
Date issued/filed: 2019-08-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/16/2019) regarding 49 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01170-UNJ Document 54 Filed 08/14/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1170V
Filed: May 16, 2019
UNPUBLISHED
CAROL CLARK,
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.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On August 30, 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”) following receipt of her November 13, 2015 influenza (“flu”)
vaccination. Petition at 1; Stipulation, filed May 16, 2019, at ¶¶ 4. Petitioner further
alleges she experienced residual effects of her condition 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 6; Stipulation at ¶¶ 4-5. “Respondent
denies that the flu vaccine caused petitioner’s alleged SIRVA or any other injury and
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-01170-UNJ Document 54 Filed 08/14/19 Page 2 of 7
further denies that her current disabilities are a sequela of a vaccine-related injury. ”
Stipulation at ¶ 6.
Nevertheless, on May 16, 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 $82,500.00 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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