VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00855
Package ID: USCOURTS-cofc-1_19-vv-00855
Petitioner: Anita McDonald
Filed: 2019-06-10
Decided: 2022-03-03
Vaccine: influenza
Vaccination date: 2017-10-12
Condition: right shoulder adhesive capsulitis
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Anita McDonald filed a petition for compensation under the National Vaccine Injury Compensation Program on June 10, 2019, alleging that she suffered right shoulder adhesive capsulitis as a result of an influenza vaccine administered on October 12, 2017. She stated that the vaccine was given in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for this condition. Respondent denied that the flu vaccine caused her injury or that it constituted a SIRVA Table injury. Despite these denials, the parties filed a joint stipulation on January 25, 2022, agreeing to settle the case and award compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Anita McDonald was awarded a lump sum of $50,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision also directed the clerk of the court to enter judgment in accordance with the decision, pending any motion for review.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00855-0
Date issued/filed: 2022-03-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/26/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00855-UNJ Document 40 Filed 03/03/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0855V
UNPUBLISHED
ANITA MCDONALD, Chief Special Master Corcoran
Petitioner, Filed: January 26, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Adhesive Capsulitis
Respondent.
Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner.
Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 10, 2019, Anita McDonald 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 she suffered right shoulder adhesive capsulitis as
a result of an influenza (“flu”) vaccine administered to her on October 12, 2017. Petition
at 1; Stipulation, filed at January 25, 2022, ¶¶ 2, 4. Petitioner further alleges that she
received the vaccine in the United States, that she has experienced the residual effects
of her injury for more than six months, and there has been no prior award or settlement
of a civil action for damages as a result of her alleged condition. Petition at 1, 4; Stipulation
at ¶¶ 3-5. “Respondent denies that petitioner’s right shoulder adhesive capsulitis or any
other injury or condition was caused by her receipt of the flu vaccine, and further denies
that petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
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). 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, I agree that the identified material fits within this definition, I will redact such material 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00855-UNJ Document 40 Filed 03/03/22 Page 2 of 7
Nevertheless, on January 25, 2022, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as my decision 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 $50,000.00 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 Section 15(a). Id.
I approve 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/Brian H. Corcoran
Brian H. Corcoran
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 1:19-vv-00855-UNJ Document 40 Filed 03/03/22 Page 3 of 7
01/19/2022 09:47 12705221107 JOHl'-l L STREET LI BRAR PAGE 02/05
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
AN.TT A MCDONALD,
)
)
Petitioner,
) No. l 9•0855V
V.
) Chief Special Master Corcoran.
ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, ~
_______________
Respondent. ))
STIPULATION
The parties hereby stipulate to the following matters:
l. Anita McDonald, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the "Vaccine
Program"). the petition seeks compensation for injuries allegedly related to petitioner's rccei.pt
of the influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R, § 100.3(a).
2. Petitioner received the influenza vaccinatior.i in her right ann on October 12, 2017,
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a .right shoulder adhesive capsulitis, as a result of
receiving the influenza vaccine and that sbe experienced residual effects of this injury for more
1
than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.

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6. Respondent denies that petitioner's alteged right shoulder adhesive capsulitis or any
other injury or condition was caused by her receipt of the flu vaccine, and further denies that
petitioner sustain.ed a SIRVA Table injury.
7. Maintaining their above-stated positions, the parties nevertheless no"v agree that tl1e
issues between them shall be settled and that a decision slmuld be entered awarding the
conipensation described in. paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive co,mpcnsation.
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services wHI issue
the following vacci:n.e compensation payment:
A lump sum of $50,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l(a)(1 ), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incuD"ed in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarHy liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (4 2 U.S.C.
§ 1396 ct seq.)), or by entities that prov_ide health services on a pre-paid basis.
2

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01/19/2022 09:47 12705221107
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amounts awarded
pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-
1S (i), subject to the availabi.iity of sufficient statutOl)' funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attomeys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (cl), and subject to the conditions of 42 U.S.C.
§§ 300aa-15(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity and on. behalf of her heirs, executors, admini5trators, successors or assigns,
does forever in-evocably and unconditionally release, acquit and discharge the United States at:1d
the Secretary of Health and Human Services from any and all actions, causes of action (including
agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever
kind or uature) that have been brought, could have been brought, or could be timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa 10 et seq., on account ot: or in any way growing out of any and all known or
1
unknown, suspected or unsuspected personal injuries to or dea.th of petitioner resulting from, or
alleged to have resulted from, the influenza vaccine administered on or about October 12, 2017,
as alleged by petitioner in a petition for vaccine compeusation filed on June 1.0, 2019, in the
United States Court of Federal Claims as petition No. 19-0855\f.
14. If petitioner should die prior to eutry ofjlldgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or botb of the parties.
3

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15. lfthe special master fails to issue a decision in complete conformity with the tem1s
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
l 6. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injttry Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa1t of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the inju:ry or condition or in the
items of compensation sought, js not grounds to modify or revise this agreement.
17. This Stipul.ation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the influenza vaccine caused petitioner to suffer a
shoulder injury or her current disabilities, or any other injury or condition, or that petitioner
sustained an injury contained in the Vaccine Injury Table.
18. AU rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
I
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Case 1:19-vv-00855-UNJ Document 40 Filed 03/03/22 Page 7 of 7
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Respectfully submitted,
PETITIONER:
ANITA MCDONALD
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
, MR~~ ?~
EMILY B. ASHE, ESQUIRE HEATHER L. PEARLMAN
ANAPOL WEISS Deputy Director
130 North 18th Street, Suite 1600 Torts Branch
Philadelphia, PA 19 l 03 Civil Division
(215) 735~8037 U.S. Department of Justice
(215) 875-7730 Fax P.O. Box 146
eash.e@an.apolweiss.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
(~ H. ~ n
D& 7?~/ z:;;~"Sc-1 AJJ~k1,, ~ ij.e~L y ~
CDR GEORGE REED GRIMES, MD, .l\frf>H CAivnLG M. COLLETT
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Sta.tion
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-4098
5600 flshers Lane, 08N146B Email: Camille.M.Collett@usdoj.gov
Rockville, MD 20857
o, I i /urz.,
Dated: S -Z...
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