VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01744
Package ID: USCOURTS-cofc-1_18-vv-01744
Petitioner: Elaine Pruett
Filed: 2018-11-08
Decided: 2021-04-12
Vaccine: influenza
Vaccination date: 2015-11-13
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
On November 8, 2018, Elaine Pruett filed a petition seeking compensation under the National Vaccine Injury Compensation Program. Ms. Pruett alleged that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on November 13, 2015. The respondent denied that Ms. Pruett sustained a Table SIRVA within the specified timeframe and denied that the influenza vaccine caused her alleged shoulder injury and residual effects. Despite these denials, both parties agreed to settle the case. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as the decision. The stipulation awarded Ms. Pruett a lump sum of $30,000.00, payable by check to the petitioner, as compensation for all available damages. The Special Master approved this award, and the Clerk of the Court was directed to enter judgment accordingly, unless a motion for review was filed.

Theory of causation field:
Petitioner Elaine Pruett alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 13, 2015. Respondent denied that the injury was a Table SIRVA within the Table timeframe and denied that the vaccine caused the injury. The parties stipulated to settle the case, and Special Master Katherine E. Oler adopted the stipulation. The stipulation awarded Petitioner $30,000.00 in damages. The public decision does not describe the specific medical mechanism, onset, symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner counsel was Howard Gold, and respondent counsel was Voris Johnson. The decision date was April 12, 2021.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01744-0
Date issued/filed: 2021-04-12
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/4/2021) regarding 45 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (sl) Service on parties made.
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Case 1:18-vv-01744-UNJ Document 51 Filed 04/12/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1744V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
ELAINE WARD PRUETT,
*
* Filed: March 4, 2021
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“flu”) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND * Related to Vaccine Administration
HUMAN SERVICES, * (“SIRVA”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Howard Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for Petitioner
Voris Johnson, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On November 8, 2018, Elaine Pruett (“Petitioner”) filed a petition, seeking compensation
under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF
No. 1. Petitioner alleges she suffered from a left Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of the influenza vaccination she received on November 13,
2015. See Stipulation ¶ 2, 4, dated March 4, 2021 (ECF No. 44); see also Petition.
Respondent denies “that petitioner sustained a Table SIRVA within the Table timeframe,
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
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). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:18-vv-01744-UNJ Document 51 Filed 04/12/21 Page 2 of 7
and denies that the flu vaccine in fact caused her alleged shoulder injury and residual effects, or
any other injury.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-
stated positions, agreed in a stipulation filed March 4, 2021 that the issues before them can be
settled and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
a lump sum of $30,000.00 in the form of a check payable to petitioner.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk
of the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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