VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01563
Package ID: USCOURTS-cofc-1_17-vv-01563
Petitioner: Patricia Richards
Filed: 2017-10-19
Decided: 2019-02-06
Vaccine: influenza
Vaccination date: 2016-09-24
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 73724

AI-assisted case summary:
Patricia Richards filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries resulting from an influenza vaccination received on September 24, 2016. She stated that she received the vaccination in the United States, experienced residual effects for more than six months, and had not filed a civil action or received other compensation for her injury. Respondent denied that the flu vaccine caused her alleged injuries. Despite this denial, the parties filed a joint stipulation on December 21, 2018, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Patricia Richards was awarded a lump sum of $73,724.87, representing compensation for all items of damages available under the Vaccine Act. The clerk was directed to enter judgment accordingly.

Theory of causation field:
unclear

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_17-vv-01563-0
Date issued/filed: 2019-02-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/21/2018) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:17-vv-01563-UNJ Document 29 Filed 02/06/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1563V
Filed: December 21, 2018
UNPUBLISHED
PATRICIA RICHARDS,
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.
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On October 19, 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 left shoulder injuries resulting from
the influenza vaccination she received on September 24, 2016. Petition at 1, ¶¶ 2, 20;
Stipulation, filed Dec. 21, 2018, at ¶¶ 1-2, 4. Petitioner further alleges that she received
the vaccination in the United States, suffered the residual effects of her injury for more
than six months, and that neither she nor any other party has filed a civil action or
received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 20-
21; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine is the cause of
petitioner’s alleged left shoulder injuries or any other injury or her current condition.”
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-01563-UNJ Document 29 Filed 02/06/19 Page 2 of 7
Nevertheless, on December 21, 2018, 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 $73,724.87 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-01563-UNJ Document 29 Filed 02/06/19 Page 3 of 7

Case 1:17-vv-01563-UNJ Document 29 Filed 02/06/19 Page 4 of 7

Case 1:17-vv-01563-UNJ Document 29 Filed 02/06/19 Page 5 of 7

Case 1:17-vv-01563-UNJ Document 29 Filed 02/06/19 Page 6 of 7

Case 1:17-vv-01563-UNJ Document 29 Filed 02/06/19 Page 7 of 7