VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01768
Package ID: USCOURTS-cofc-1_17-vv-01768
Petitioner: Beth Cormier
Filed: 2017-11-13
Decided: 2019-04-24
Vaccine: influenza
Vaccination date: 2016-09-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 126717

AI-assisted case summary:
Petitioner Beth Cormier filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 8, 2016. Petitioner further alleged that she experienced residual effects from the injury for more than six months and had not received a prior award or settlement for this injury. The respondent denied that the flu vaccination caused petitioner's SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on March 4, 2019, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Petitioner was awarded a lump sum of $126,717.98, representing compensation for all eligible damages. The clerk was directed to enter judgment accordingly. The decision was posted on the United States Court of Federal Claims' website.

Theory of causation field:
Petitioner Beth Cormier alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 8, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $126,717.98 for all eligible damages. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Claudia Barnes Gangi. The decision date was April 24, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01768-0
Date issued/filed: 2019-04-24
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/05/2019) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01768-UNJ Document 45 Filed 04/24/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1768V
Filed: March 5, 2019
UNPUBLISHED
BETH CORMIER,
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.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 13, 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 September 8, 2016 influenza (“flu”)
vaccination. Petition at 1; Stipulation, filed March 4, 2019, at ¶¶ 4. Petitioner further
alleges that she suffered the residual effects of her injury 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 alleged vaccine injury. Petition at 9; Stipulation at ¶¶ 4-5.
“Respondent denies that the flu vaccination caused petitioner’s SIRVA 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-01768-UNJ Document 45 Filed 04/24/19 Page 2 of 7
Nevertheless, on March 4, 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 $126,717.98 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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