VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01356
Package ID: USCOURTS-cofc-1_17-vv-01356
Petitioner: Nickol Marta
Filed: 2017-09-27
Decided: 2019-04-17
Vaccine: influenza
Vaccination date: 2015-09-22
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
On September 27, 2017, Nickol Marta filed a petition for 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 September 22, 2015. Ms. Marta claimed that she experienced residual effects of this injury for more than six months and that no prior civil action for damages had been filed. The respondent denied that the influenza immunization caused Ms. Marta's alleged SIRVA or any other injury. On February 22, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. 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, Ms. Marta was awarded a lump sum of $80,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on April 17, 2019. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Nickol Marta alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 22, 2015. The respondent denied causation. The parties filed a joint stipulation on February 22, 2019, agreeing to an award of compensation. The Special Master adopted the stipulation. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, or treatments. The award was $80,000.00 as a lump sum. Chief Special Master Nora Beth Dorsey issued the decision on April 17, 2019. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Ryan Daniel Pyles. The case falls under the Vaccine Act's "Table" category for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01356-0
Date issued/filed: 2019-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/22/2019) regarding 33 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01356-UNJ Document 37 Filed 04/17/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1356V
Filed: February 22, 2019
UNPUBLISHED
NICKOL MARTA,
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.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On September 27, 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 September 22, 2015 influenza (“flu”)
vaccination. Petition at 1; Stipulation, filed February 22, 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 as a result
of her condition. Petition at 3-4; Stipulation at ¶¶ 4-5. “Respondent denies that the flu
immunization is the cause of petitioner’s alleged SIRVA and/or any other 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-01356-UNJ Document 37 Filed 04/17/19 Page 2 of 7
Nevertheless, on February 22, 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 $80,000.00 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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