VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01206
Package ID: USCOURTS-cofc-1_18-vv-01206
Petitioner: Franline Lucinda Destin
Filed: 2019-09-06
Decided: 2020-01-10
Vaccine: influenza
Vaccination date: 2017-10-30
Condition: left shoulder injuries, including bone marrow edema/contusion in the greater tuberosity/humeral neck and mild subacromial/subdeltoid bursitis
Outcome: compensated
Award amount USD: 40221

AI-assisted case summary:
On August 13, 2018, Franline Lucinda Destin filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on October 30, 2017, caused her to suffer left shoulder injuries, specifically bone marrow edema/contusion in the greater tuberosity/humeral neck and mild subacromial/subdeltoid bursitis. Ms. Destin further alleged that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged injuries or a Shoulder Injury Related to Vaccine Administration (SIRVA). Despite this denial, the parties reached a joint stipulation for award, agreeing that compensation should be paid to Petitioner. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation provided for a lump sum payment of $40,221.86, payable to Petitioner, to compensate for all damages available under the program. The decision was finalized on January 10, 2020, with judgment to be entered in accordance with the stipulation, as the parties jointly renounced the right to seek review. Petitioner was represented by Carol L. Gallagher, and Respondent was represented by Sarah C. Duncan.

Theory of causation field:
Petitioner Franline Lucinda Destin received an influenza vaccine on October 30, 2017, and alleged it caused left shoulder injuries, including bone marrow edema and bursitis, with residual effects lasting over six months. Respondent denied causation. The parties stipulated to an award, and Special Master Herbrina Sanders adopted the stipulation. The award was $40,221.86. The theory of causation was based on the Vaccine Injury Table (SIRVA). Petitioner's counsel was Carol L. Gallagher, and Respondent's counsel was Sarah C. Duncan. The decision date was January 10, 2020.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_18-vv-01206-0
Date issued/filed: 2020-01-10
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 9/6/2019) regarding 31 DECISION Stipulation/Proffer Signed by Special Master Herbrina Sanders. (Attachments: # (1) Appendix A)(sg) Service on parties made.
--------------------------------------------------------------------------------
Case 1:18-vv-01206-UNJ Document 38 Filed 01/10/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 6, 2019
* * * * * * * * * * * * * * * * * * * * * * * * *
FRANLINE LUCINDA DESTIN, *
* No. 18-1206V
*
Petitioner, * Special Master Sanders
v. *
*
SECRETARY OF HEALTH * Stipulation for Award; Influenza
AND HUMAN SERVICES, * (“flu”) Vaccine; Shoulder Injury; Bone
* Marrow Edema; Bursitis.
*
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
Carol L. Gallagher, Somers Point, NJ, for Petitioner.
Sarah C. Duncan, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On August 13, 2018, Franline Destin (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012). Petitioner alleged that the influenza (“flu”) vaccine she received on October 30, 2017,
caused her to suffer left shoulder injuries, including bone marrow edema/contusion in the greater
tuberosity/humeral neck and mild subacromial/subdeltoid bursitis. See Stip. at 1, ECF No. 30.
Petitioner further alleged that she experienced the residual effects of her injury for more than six
months. Id.
On September 6, 2019, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu
vaccine caused Petitioner’s alleged left shoulder injuries, or any other injury (including a Shoulder
Injury Related to Vaccine Administration or “SIRVA”). Id. Nevertheless, the parties agree to the
joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as
the decision of the Court in awarding damages, on the terms set forth therein.
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by
Vaccine Rule 18(b), each party has 14 days within which to request 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:18-vv-01206-UNJ Document 38 Filed 01/10/20 Page 2 of 2
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $40,221.86 in the form of a check payable to [P]etitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the
right to seek review.
2