VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01789
Package ID: USCOURTS-cofc-1_17-vv-01789
Petitioner: Deborah Franlkin
Filed: 2019-02-25
Decided: 2019-04-17
Vaccine: influenza
Vaccination date: 2015-12-29
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 61364

AI-assisted case summary:
Deborah Franlkin filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2017, alleging that she suffered left shoulder injuries as a result of her December 29, 2015 influenza vaccination. Ms. Franlkin further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages. The respondent denied that the flu vaccine caused petitioner's alleged left shoulder injuries or any other injury or her current condition. On February 25, 2019, the parties filed a joint stipulation for compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Ms. Franlkin was awarded a lump sum of $61,364.22, representing compensation for all items of damages available under § 15(a). The decision was posted on the United States Court of Federal Claims' website.

Theory of causation field:
Petitioner Deborah Franlkin alleged that her December 29, 2015 influenza vaccination caused left shoulder injuries. Respondent denied causation. The parties filed a joint stipulation for compensation on February 25, 2019. The Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $61,364.22. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01789-0
Date issued/filed: 2019-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/25/2019) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01789-UNJ Document 43 Filed 04/17/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1789V
Filed: February 25, 2019
UNPUBLISHED
DEBORAH FRANLKIN,
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.
David N. Damick, Law Offices of David N. Damick, St. Louis, MO, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 14, 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 as a result of
her December 29, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed
February 25, 2019, at ¶¶ 4. Petitioner further alleges that she experienced 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 as a result of her condition. Petition at 3;
Stipulation at ¶¶ 4-5. “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-01789-UNJ Document 43 Filed 04/17/19 Page 2 of 7
Nevertheless, on February 25, 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 $61,364.22 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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