VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00271
Package ID: USCOURTS-cofc-1_13-vv-00271
Petitioner: Jane Sprecher
Filed: 2013-04-18
Decided: 2014-09-02
Vaccine: influenza
Vaccination date: 2011-10-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 120000

AI-assisted case summary:
Petitioner Jane Sprecher filed a petition on April 18, 2013, alleging that an influenza vaccine she received on October 9, 2011, caused her to develop Shoulder Injury Related to Vaccine Administration (SIRVA) and that she experienced residual effects of this injury for more than six months. Petitioner was represented by Lawrence Cohan of Anapol, Schwartz, et al. Respondent was represented by Glenn MacLeod of the U.S. Department of Justice. The parties filed a joint stipulation on July 18, 2014, agreeing that petitioner suffered SIRVA from the administration of the flu vaccine and that there was no preponderance of evidence demonstrating that her condition was due to a factor unrelated to the vaccination. The stipulation also stated that the other elements of eligibility for compensation had been established and that petitioner was entitled to compensation. Special Master Christian J. Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $120,000.00, payable to Jane Sprecher, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. The decision is unpublished, and parties had 14 days to file a motion proposing redaction of medical information.

Theory of causation field:
Petitioner Jane Sprecher alleged that an influenza vaccine received on October 9, 2011, caused Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The parties jointly stipulated that petitioner suffered SIRVA from the flu vaccine and that no unrelated factor caused her condition. Special Master Christian J. Moran adopted this stipulation, finding it reasonable. Petitioner was awarded $120,000.00 as a lump sum. Attorneys for petitioner were Lawrence Cohan, Anapol, Schwartz, et al., and for respondent was Glenn MacLeod. The specific mechanism of injury, medical experts, or detailed clinical findings were not described in the public decision, which was based on a joint stipulation.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00271-0
Date issued/filed: 2014-09-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/21/2014) regarding 31 DECISION Stipulation. Signed by Special Master Christian J. Moran. (tpj) Copy to parties.
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Case 1:13-vv-00271-UNJ Document 36 Filed 09/02/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
JANE SPRECHER, *
* No. 13-271V
Petitioner, * Special Master Christian J. Moran
*
v. * Filed: July 21, 2014
*
SECRETARY OF HEALTH * Stipulation; Influenza (“flu”) vaccine;
AND HUMAN SERVICES, * Shoulder Injury Related to Vaccine
* Administration (“SIRVA”).
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Lawrence Cohan, Anapol, Schwartz, et al., Philadelphia, PA, for Petitioner;
Glenn MacLeod, U.S. Department of Justice, Washington, D.C., for Respondent.
UNPUBLISHED DECISION1
On July 18, 2014, respondent filed a joint stipulation concerning the petition
for compensation filed by Jane Sprecher on April 18, 2013. In her petition, Ms.
Sprecher alleged that the influenza (“flu”) vaccine, which is contained in the
Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), and which she received
on October 9, 2011, caused her to suffer Shoulder Injury Related to Vaccine
Administration (“SIRVA”). Petitioner further alleges that she suffered the residual
effects of this injury for more than six months. 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.
The parties agreed that petitioner suffered SIRVA from the administration of
the flu vaccine. Likewise, the parties agreed that there is not a preponderance of
1 The E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (Dec. 17,
2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),
the parties have 14 days to file a motion proposing redaction of medical information or other
information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special
master will appear in the document posted on the website.

Case 1:13-vv-00271-UNJ Document 36 Filed 09/02/14 Page 2 of 7
evidence demonstrating that petitioner’s condition is due to a factor unrelated to
her October 9, 2011 flu vaccination. The other elements of eligibility for
compensation have also been established. See 42 U.S.C. § 300aa—11(c), 13.
Consequently, the stipulation states “petitioner is entitled to compensation.”
The parties have also agreed upon the amount of compensation to which the
petitioner is entitled. The parties presented the joint stipulation, attached hereto as
“Appendix A.” The undersigned finds the stipulation reasonable and adopts it as
the decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum of $120,000.00 in the form of a check payable to petitioner,
Jane Sprecher. This amount represents compensation for all damages
that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 13-271V according to this decision
and the attached stipulation.2
Any questions may be directed to my law clerk, Marc Langston, at (202)
357-6392.
IT IS SO ORDERED.
s/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

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