VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01389
Package ID: USCOURTS-cofc-1_17-vv-01389
Petitioner: Teresa Stine
Filed: 2017-09-29
Decided: 2020-01-28
Vaccine: influenza
Vaccination date: 2014-10-02
Condition: shoulder injury related to vaccination administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Teresa Stine filed a petition on September 29, 2017, alleging that the influenza vaccine she received on October 2, 2014, caused her to suffer from a shoulder injury related to vaccination administration (SIRVA), with residual effects lasting more than six months. The respondent denied that the petitioner suffered the onset of her alleged SIRVA injury within the Table timeframe, that the flu vaccine caused her SIRVA or any other injury, and that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Ms. Stine a lump sum payment of $60,000.00, payable by check, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The case was resolved via stipulation, and judgment was to be entered accordingly. Petitioner counsel was Brian L. Cinelli of Marcus & Cinelli, LLP, and respondent counsel was Mallori B. Openchowski of the United States Department of Justice. The decision was filed on January 28, 2020.

Theory of causation field:
Petitioner Teresa Stine alleged that an influenza vaccine administered on October 2, 2014, caused a shoulder injury related to vaccination administration (SIRVA) with residual effects lasting more than six months. This condition is listed in the Vaccine Injury Table. Respondent denied the alleged SIRVA injury onset within the Table timeframe, causation by the flu vaccine, and that current disabilities were a sequela of a vaccine-related injury. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding a lump sum of $60,000.00. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset, symptoms, tests, or treatments. The case was resolved via stipulation on January 28, 2020, with Special Master Christian J. Moran presiding. Petitioner counsel was Brian L. Cinelli, and respondent counsel was Mallori B. Openchowski.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01389-0
Date issued/filed: 2020-02-25
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 01/28/2020) regarding 59 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Signed Stipulation) (hh) Service on parties made.
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Case 1:17-vv-01389-UNJ Document 60 Filed 02/25/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
TERESA STINE, *
* No. 17-1389V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: January 28, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * SIRVA; shoulder injury.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner;
Mallori B. Openchowski, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On January 28, 2020, the parties filed a joint stipulation concerning the
petition for compensation filed by Teresa Stine on September 29, 2017. Petitioner
alleged that the influenza (“flu”) vaccine she received on October 2, 2014, which is
contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
her to suffer from a shoulder injury related to vaccination administration
(“SIRVA”). Petitioner further alleges that she suffered the residual effects of this
injury for more than six months. 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.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:17-vv-01389-UNJ Document 60 Filed 02/25/20 Page 2 of 2
Respondent denies that petitioner suffered the onset of her alleged SIRVA
injury within the Table time frame; that the flu vaccine caused petitioner to suffer
from SIRVA or any other injury; and that her current disabilities are a sequela of a
vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $60,000.00 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).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 17-1389V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2