VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01066
Package ID: USCOURTS-cofc-1_18-vv-01066
Petitioner: Nooshin Gastineau
Filed: 2018-07-20
Decided: 2019-09-11
Vaccine: influenza
Vaccination date: 2016-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Nooshin Gastineau filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2018, alleging that an influenza vaccination received on or about October 26, 2016, caused her to develop a shoulder injury related to vaccine administration (SIRVA). She claimed to have experienced residual effects of this injury for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 24, 2019, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Nooshin Gastineau was awarded a lump sum of $90,000.00, representing compensation for all items of damages available under the Vaccine Act. The clerk of the court was directed to enter judgment in accordance with this decision.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01066-0
Date issued/filed: 2019-09-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/25/2019) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01066-UNJ Document 33 Filed 09/11/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1066V
Filed: June 25, 2019
UNPUBLISHED
NOOSHIN GASTINEAU,
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.
Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner.
Heather Lynn Pearlman, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On July 20, 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 the influenza (“flu”) vaccination that she received on or
about October 26, 2016 caused her to develop a shoulder injury related to vaccine
administration (“SIRVA”) and that she experienced the residual effects of this injury for
more than six months. Petition at 1, 3; Stipulation, filed June 24, 2019, at ¶¶ 2, 4.
“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner’s alleged shoulder injuries, or any other injury; and denies
that her current condition is a sequelae of a vaccine-related injury. ” 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-01066-UNJ Document 33 Filed 09/11/19 Page 2 of 7
Nevertheless, on June 24, 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 $90,000.00 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-01066-UNJ Document 33 Filed 09/11/19 Page 3 of 7

Case 1:18-vv-01066-UNJ Document 33 Filed 09/11/19 Page 4 of 7

Case 1:18-vv-01066-UNJ Document 33 Filed 09/11/19 Page 5 of 7

Case 1:18-vv-01066-UNJ Document 33 Filed 09/11/19 Page 6 of 7

Case 1:18-vv-01066-UNJ Document 33 Filed 09/11/19 Page 7 of 7