VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00126
Package ID: USCOURTS-cofc-1_18-vv-00126
Petitioner: Linda Skadra
Filed: 2018-01-25
Decided: 2019-11-12
Vaccine: influenza
Vaccination date: 2017-01-10
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Linda Skadra filed a petition for compensation under the National Vaccine Injury Compensation Program on January 25, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 10, 2017. She claimed her symptoms persisted for more than six months. The respondent denied that Ms. Skadra sustained a SIRVA Table injury or that the vaccine caused her condition. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. Ms. Skadra was awarded a lump sum of $30,000.00, payable by check to her, as compensation for all items of damages available under the Vaccine Act, including pain and suffering. This case proceeded as a Table claim, and the settlement resolved the issues between the parties. Petitioner was represented by William E. Cochran, Jr. of Black, McLaren, Jones, Ryland & Griffee, P.C. Respondent was represented by Jeffrey T. Sprague of the U.S. Department of Justice.

Theory of causation field:
Petitioner Linda Skadra alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on January 10, 2017, with symptoms persisting for over six months. The respondent denied a SIRVA Table injury and that the vaccine caused the condition. The parties reached a joint stipulation for settlement. The case was treated as a Table claim. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $30,000.00 for all damages, including pain and suffering. Petitioner's counsel was William E. Cochran, Jr. Respondent's counsel was Jeffrey T. Sprague. The decision date was November 12, 2019.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00126-0
Date issued/filed: 2019-11-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/21/2019) regarding 37 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (ypb) Service on parties made.
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Case 1:18-vv-00126-UNJ Document 43 Filed 11/12/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-126V
Filed: August 21, 2019
UNPUBLISHED
LINDA SKADRA,
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.
William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for
petitioner.
Jeffrey T. Sprague, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On January 25, 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 that she suffered a shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received
on January 10, 2017, and that she experienced symptoms of the injury for more than six
months. Petition at 1; Stipulation, filed August 21, 2019, at ¶¶ 1, 4. “Respondent
denies that petitioner sustained a SIRVA Table injury and denies that petitioner’s
alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine.
Respondent further denies that the flu vaccine caused petitioner 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 1:18-vv-00126-UNJ Document 43 Filed 11/12/19 Page 2 of 7
Nevertheless, on August 21, 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 $30,000.00 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-00126-UNJ Document 43 Filed 11/12/19 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
LINDA SKADRA, )
)
Petitioner, ) No. 18-126V ECF
)
V. ) Chief Special Master Dorsey
)
SECRETA RY OF HEAL TH )
AND HUMAN SERVICES, )
)
Respondent. )
--------------)
STIPULATION
The parties hereby stipulate to the following matters:
l. Petitioner, Linda Skadra, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's· receipt
of the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. On January 10, 2017, petitioner received a flu vaccine in the right arm.
3. The vaccine was administereq within the United States.
4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration
("SIRVA"), and that she experienced symptoms of the injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.
6. Respondent denies that petitioner sustained a SIRVA Table injury and denies that

Case 1:18-vv-00126-UNJ Document 43 Filed 11/12/19 Page 4 of 7
petitioner's alleged SIRVA an? its residual effects were caused-in-fact by her flu vaccine.
Respondent further denies that the flu vaccine caused petitioner any other injury or her current
condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent
with the terms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $30,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a), including pain and suffering.
9. As soon as practicable after the entry ofj udgment on entitlement in this case, and
after petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. Section 300aa-2l(a)(l), and an application, the parties will submit to further
proceedings before the special master to award reasonable attorneys' fees and costs incurred in
proceeding upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
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Case 1:18-vv-00126-UNJ Document 43 Filed 11/12/19 Page 5 of 7
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-15(g) and (h).
13. Jn return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or nature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or
unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or
alleged to have resulted from, the vaccine administered on January 10, 2017, as alleged by
petitioner in a petition for vaccine compensation filed on or about January 25, 2018, in the
United States Court of Federal Claims as petition No. l 8-126V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
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Case 1:18-vv-00126-UNJ Document 43 Filed 11/12/19 Page 6 of 7
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages and further, that a change in the nature of the injury or condition or in the
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items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the vaccine received by petitioner either caused or
significantly aggravated petitioner's alleged injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:18-vv-00126-UNJ Document 43 Filed 11/12/19 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
& t:
t/,ACLM f~U'--. -
WIL~~~C OCHRAN, JR. ~RINE E. REEVES
Black, McClaren, Jones, Ryland, and Griffee, Deputy Director
A Professional Corporation Torts Branch
530 Oak Court Drive, Suite 360 Civil Division
Memphis, TN 38117 U.S. Department of Justice
Tel: (901) 762-0535 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
TAMARA OVERBY
Acting Director, Division of Injury ial Attorney
Compensation Programs orts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Park lawn Building, Mail Stop 08N 146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4179
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