VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01328
Package ID: USCOURTS-cofc-1_18-vv-01328
Petitioner: James Shinn
Filed: 2018-08-30
Decided: 2021-09-15
Vaccine: influenza
Vaccination date: 
Condition: SIRVA injury to his left shoulder
Outcome: compensated
Award amount USD: 32000

AI-assisted case summary:
Shari Gardner, as executrix of the estate of James Shinn, filed a petition alleging that Mr. Shinn suffered a shoulder injury related to vaccine administration (SIRVA) to his left shoulder following an influenza vaccine. The petition stated that Mr. Shinn experienced residual effects for more than six months and had not received prior compensation. Respondent denied that the flu vaccine caused the alleged shoulder injury or any other injury, and also denied that it caused his death. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it, awarding a lump sum of $32,000 to the petitioner. This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision was filed on September 15, 2021, following the stipulation filed on August 17, 2021, and the initial petition filed on August 30, 2018.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01328-0
Date issued/filed: 2021-09-15
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 8/18/2021) regarding 46 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made.
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Case 1:18-vv-01328-UNJ Document 50 Filed 09/15/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1328V
Filed: August 18, 2021
UNPUBLISHED
SHARI GARDNER, as executrix of the
estate of JAMES SHINN,
Joint Stipulation on Damages;
Petitioner,
Influenza (Flu) Vaccine; Shoulder
v.
Injury Related to Vaccine
Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Kristen Blume, Richard Gage PC, Cheyenne, WY, for petitioner.
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 30, 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 he suffered a SIRVA injury to his left shoulder.
Petition at 2; Stipulation, filed August 17, 2021, at ¶¶ 1-4. Petitioner further alleges that
he experienced the residual effects of his injury for more than six months and has not
received any prior award or settlement for his injury. Petition at 2; Stipulation at ¶¶ 4-5.
“Respondent denies that the flu vaccine caused petitioner’s alleged shoulder injury or
any other injury and further denies that the flu vaccine caused his death. ” Stipulation at
¶ 6.
Nevertheless, on August 17, 2021, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will
be posted on the United States Court of Federal Claims’ website in accordance with the E-Government
Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). 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 the special master, upon review, agrees that the identified material fits within this definition, it will be
redacted from public access.
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-01328-UNJ Document 50 Filed 09/15/21 Page 2 of 7
reasonable and adopt 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, I award the following
compensation:
A lump sum of $32,000 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.
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/Daniel T. Horner
Daniel T. Horner
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

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