VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00059
Package ID: USCOURTS-cofc-1_18-vv-00059
Petitioner: Walter White
Filed: 2019-09-20
Decided: 2019-10-22
Vaccine: influenza (flu)
Vaccination date: 2016-12-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
Petitioner Walter White filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2019. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (flu) vaccination administered on December 13, 2016. Mr. White stated that the vaccine was administered in the United States, that he experienced residual effects of the condition for more than six months, and that there had been no prior award or settlement for damages related to his condition. The respondent, the Secretary of Health and Human Services, denied that Mr. White sustained a SIRVA Table injury and denied that the flu immunization caused his alleged injury or any other injury or condition. Despite the respondent's denial, the parties filed a joint stipulation for compensation on September 20, 2019. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Mr. White was awarded a lump sum of $55,000.00, payable by check to the petitioner, as compensation for all items of damages. Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. The decision was issued on October 22, 2019.

Theory of causation field:
Petitioner Walter White alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza (flu) vaccination on December 13, 2016. The respondent denied a SIRVA Table injury and that the flu vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $55,000.00. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, or expert testimony were not described in the public decision. The theory of causation is based on the joint stipulation for compensation, rather than a finding of fact after litigation. Petitioner was represented by Danielle Strait, and respondent by Camille Michelle Collett. The decision date was October 22, 2019.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-00059-0
Date issued/filed: 2019-10-22
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/20/2019) regarding 42 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-59V
Filed: September 20, 2019
UNPUBLISHED
WALTER WHITE,
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.
Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 12, 2018, 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 he suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza “(flu”) vaccination administered on
December 13, 2016. Petition at 1; Stipulation, filed September 20, 2019, at ¶¶ 1, 2.
Petitioner further alleges that the flu vaccine was administered within the United States,
that he experienced the residual effects of this condition 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 his condition. Petition at 2-3; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner sustained a SIRVA Table injury and denies that the flu immunization is 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 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 2 of 7
cause of petitioner’s alleged shoulder injury, or any other injury or condition.” Stipulation
at ¶ 6.
Nevertheless, on September 20, 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 $55,000.00 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

Case 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 3 of 7

Case 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 4 of 7

Case 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 5 of 7

Case 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 6 of 7

Case 1:18-vv-00059-UNJ Document 47 Filed 10/22/19 Page 7 of 7