VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00953 Package ID: USCOURTS-cofc-1_18-vv-00953 Petitioner: Debra Diane Nicholson Filed: 2018-07-02 Decided: 2019-10-15 Vaccine: influenza Vaccination date: 2015-09-11 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 45539 AI-assisted case summary: Debra Diane Nicholson filed a petition for compensation under the National Vaccine Injury Compensation Program on July 2, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 11, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury but agreed to a settlement. The parties submitted a stipulation for an award, which Special Master Thomas L. Gowen adopted. The stipulation awarded Ms. Nicholson a lump sum of $45,539.50 to compensate for all damages. Both parties waived their right to seek review, and judgment was entered on October 15, 2019. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts. Theory of causation field: Petitioner Debra Diane Nicholson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 11, 2015. Respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The stipulation awarded a lump sum of $45,539.50 for all damages. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented regarding causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00953-0 Date issued/filed: 2019-10-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/20/2019) regarding 30 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: September 20, 2019 * * * * * * * * * * * * * DEBRA DIANE NICHOLSON, * UNPUBLISHED * Petitioner, * No. 18-953V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation for Award; Influenza Respondent. * (“Flu”) Vaccine; Shoulder Injury * Related to Vaccine Administration * * * * * * * * * * * * * (“SIRVA”) Ronald C. Homer, Conway, Homer, P,C., Boston, MA, for petitioner. Kyle E. Pozza, U.S. Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On July 2, 2018, Debra D. Nicholson (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petition. Petitioner received an influenza (“flu”) vaccine on September 11, 2015. Id. at 1; Stipulation at ¶ 2 (ECF No. 41). Petitioner alleged that as a result of receiving the vaccination she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). Petition at ¶ 4; Stipulation at ¶ 4. On September 19, 2019, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injury was caused by the vaccine. Id. at ¶ 6. Maintaining their respective positions, the parities nevertheless now agree that the issues between them shall be settled and 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 2 of 7 that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $45,539.50, in the form of a check payable to petitioner, which amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 3 of 7 Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 4 of 7 Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 5 of 7 Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 6 of 7 Case 1:18-vv-00953-UNJ Document 34 Filed 10/15/19 Page 7 of 7