VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01811
Package ID: USCOURTS-cofc-1_17-vv-01811
Petitioner: Cheryl M. Baker
Filed: 2017-11-17
Decided: 2019-04-17
Vaccine: influenza
Vaccination date: 2016-09-28
Condition: adhesive capsulitis of her left shoulder
Outcome: compensated
Award amount USD: 32000

AI-assisted case summary:
Cheryl M. Baker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2017. She alleged that she suffered adhesive capsulitis of her left shoulder, caused in fact by an influenza vaccination received on September 28, 2016. The respondent denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and further denied that her alleged current disabilities were a sequela of a vaccine-related injury. Despite the respondent's denials, on February 21, 2019, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Cheryl M. Baker was awarded a lump sum of $32,000.00, payable to the petitioner, as compensation for all items of damages. The decision was issued on April 17, 2019. Petitioner was represented by Stephen I. Leshner of Stephen I. Leshner, P.C., and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation field:
Petitioner Cheryl M. Baker alleged that an influenza vaccination received on September 28, 2016, caused adhesive capsulitis of her left shoulder (SIRVA). The respondent denied causation. The parties filed a joint stipulation on February 21, 2019, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Petitioner was awarded a lump sum of $32,000.00. The specific medical mechanism or expert testimony supporting the theory of causation was not detailed in the public decision, as the case was resolved via stipulation. The decision date was April 17, 2019. Petitioner's counsel was Stephen I. Leshner, and respondent's counsel was Colleen Clemons Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-01811-0
Date issued/filed: 2019-04-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 02/21/2019) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-01811-UNJ Document 38 Filed 04/17/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-1811V
Filed: February 21, 2019
UNPUBLISHED
CHERYL M. BAKER,
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.
Stephen I. Leshner, Stephen I. Leshner, P.C., Phoenix, AZ, for petitioner.
Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 17, 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 injuries, specifically adhesive
capsulitis of her left shoulder, caused in fact by the influenza vaccination she received
on September 28, 2016. Petition at 1, ¶ 2; Stipulation, filed Feb. 21, 2019, at ¶¶ 1-2, 4.
“Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or any other
injury and further denies that her alleged current disabilities are a sequela of a vaccine-
related injury.” Stipulation at ¶ 6.
Nevertheless, on February 21, 2019, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
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-01811-UNJ Document 38 Filed 04/17/19 Page 2 of 7
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 $32,000.00 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.
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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