VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00487
Package ID: USCOURTS-cofc-1_18-vv-00487
Petitioner: Flo Rutherford
Filed: 2018-04-03
Decided: 2020-04-21
Vaccine: influenza
Vaccination date: 2016-10-10
Condition: endocarditis
Outcome: compensated
Award amount USD: 135000

AI-assisted case summary:
Flo Rutherford filed a petition on April 3, 2018, alleging that the influenza vaccine she received on October 10, 2016, caused her to develop endocarditis. She further alleged that she suffered residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her condition or any other injury. Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Flo Rutherford a lump sum payment of $135,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under the National Vaccine Injury Compensation Program, specifically 42 U.S.C. § 300aa-15(a). The case was filed under the Vaccine Injury Table, as endocarditis is listed for the influenza vaccine. The decision was issued on March 25, 2020, and judgment was to be entered accordingly. Petitioner was represented by Shealene P. Mancuso of Muller Brazil LLP, and respondent was represented by Daniel A. Principato of the United States Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or any medical experts consulted.

Theory of causation field:
Petitioner Flo Rutherford alleged that the influenza vaccine administered on October 10, 2016, caused endocarditis, resulting in residual effects lasting more than six months. This case was filed under the Vaccine Injury Table, as endocarditis is a condition listed for the influenza vaccine. The respondent denied the alleged causation. The parties reached a joint stipulation, which was adopted by Special Master Christian J. Moran. The stipulation resulted in an award of $135,000.00 as a lump sum payment to the petitioner. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented. The attorneys involved were Shealene P. Mancuso for the petitioner and Daniel A. Principato for the respondent. The decision date was March 25, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00487-0
Date issued/filed: 2020-04-21
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 03/25/2020) regarding 42 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (Attachments: # (1) Signed Stipulation) (hh) Service on parties made.
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Case 1:18-vv-00487-UNJ Document 48 Filed 04/21/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
FLO RUTHERFORD, *
* No. 18-487V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: March 25, 2020
*
SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine;
AND HUMAN SERVICES, * endocarditis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Shealene P. Mancuso, Muller Brazil LLP, Dresher, PA, for Petitioner;
Daniel A. Principato, United States Dep’t of Justice, Washington, DC, for
Respondent.
UNPUBLISHED DECISION1
On March 25, 2020, the parties filed a joint stipulation concerning the
petition for compensation filed by Flo Rutherford on April 3, 2018. Petitioner
alleged that the influenza (“flu”) vaccine she received on October 10, 2016, which
is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused
her to suffer from endocarditis. Petitioner further alleges that she suffered the
residual effects of this injury for more than six months. Petitioner represents that
there has been no prior award or settlement of a civil action for damages on her
behalf as a result of her condition.
Respondent denies that the flu vaccine caused petitioner to suffer from
endocarditis or any other injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:18-vv-00487-UNJ Document 48 Filed 04/21/20 Page 2 of 2
Nevertheless, the parties agree to the joint stipulation, attached hereto. The
undersigned finds said stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $135,000.00 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).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 18-487V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2