VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01610
Package ID: USCOURTS-cofc-1_17-vv-01610
Petitioner: Georgeana McKenzie
Filed: 2017-10-26
Decided: 2023-10-23
Vaccine: influenza
Vaccination date: 2016-09-23
Condition: rotator cuff tear, supraspinatus and impingement
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Georgeana McKenzie filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2017. She alleged that an influenza vaccination she received on September 23, 2016, caused a rotator cuff tear, supraspinatus injury, and impingement in her left shoulder. Ms. McKenzie further alleged that she experienced residual effects from this condition for more than six months, that no civil action for damages had been filed, and that the vaccine was administered in the United States. The respondent denied that the flu vaccine caused Ms. McKenzie's shoulder injury or any other injury, and denied that her condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on September 27, 2023, agreeing to an award of compensation. Special Master Daniel T. Horner reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms. McKenzie was awarded a lump sum of $60,000.00, payable by check to the petitioner, representing compensation for all items of damages available under the Vaccine Act. Petitioner was represented by James M. Merrigan of Rawson, Merrigan & Litner, LLP, and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.

Theory of causation field:
Petitioner Georgeana McKenzie alleged that an influenza vaccination administered on September 23, 2016, caused a left shoulder rotator cuff tear, supraspinatus injury, and impingement. The respondent denied that the vaccine caused the alleged injury or any sequelae. The parties filed a joint stipulation agreeing to compensation, which Special Master Daniel T. Horner adopted. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The award was a lump sum of $60,000.00 for all damages under the Vaccine Act. The decision was issued on October 23, 2023, based on a stipulation filed September 27, 2023. Petitioner's counsel was James M. Merrigan, and respondent's counsel was Catherine Elizabeth Stolar.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01610-0
Date issued/filed: 2023-10-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 9/27/2023) regarding 77 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (sh) Service on parties made.
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Case 1:17-vv-01610-UNJ Document 78 Filed 10/23/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1610V
Filed: September 27, 2023
GEORGEANA MCKENZIE,
Petitioner,
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
James M. Merrigan, Rawson, Merrigan & Litner, LLP, Boston, MA, for petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On October 26, 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 rotator cuff tear, supraspinatus
and impingement as a result of her September 23, 2016, influenza (“flu”) vaccination.
Petition at 1; Stipulation, filed September 27, 2023, at ¶ 4. Petitioner further alleges that
she has experienced the residual effects of her condition for more than six months, that
there has been no prior award or settlement of a civil action for damages as a result of
her condition, and that her vaccine was administered in the United States. Petition at 1,
4; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused petitioner to
suffer a left shoulder ‘rotator cuff tear, supraspinatus and impingement’ injury or any
other injury, and denies that her current condition is a sequelae of a vaccine related
injury.” Stipulation at ¶ 6.
1 Because this document contains a reasoned explanation for the action taken in this case, it must be
made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic
Government Services). This means the document 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, I agree that the identified material fits within this definition, I will redact such material from
public access.
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-01610-UNJ Document 78 Filed 10/23/23 Page 2 of 7
Nevertheless, on September 27, 2023, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt 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, I award the following
compensation:
A lump sum of $60,000.00 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.
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/Daniel T. Horner
Daniel T. Horner
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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