VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00372 Package ID: USCOURTS-cofc-1_15-vv-00372 Petitioner: Briana Grappo Filed: 2015-04-13 Decided: 2017-04-27 Vaccine: influenza Vaccination date: 2013-11-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 71355 AI-assisted case summary: Briana Grappo filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination received on November 30, 2013. The petition stated that the vaccination occurred in the United States, that the effects of the injury lasted for more than six months, and that no other action had been filed or compensation received for the alleged vaccine-caused injury. The respondent denied that the influenza immunization caused petitioner's alleged SIRVA or any other injury or her current condition. Despite the denial, on January 3, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Briana Grappo was awarded a lump sum of $71,355.26, payable to petitioner, as compensation for all items of damages. Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Linda Renzi of the U.S. Department of Justice. The decision was issued on April 27, 2017. Theory of causation field: Petitioner alleged that an influenza vaccination administered on November 30, 2013, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific mechanism of injury, medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. The award was a lump sum of $71,355.26 for all items of damages. The decision was issued by Chief Special Master Nora Beth Dorsey on April 27, 2017, based on the stipulation filed January 3, 2017. Petitioner's counsel was Maximillian Muller, and respondent's counsel was Linda Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00372-0 Date issued/filed: 2017-04-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/03/2017) regarding 35 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0372V Filed: January 3, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * BRIANA GRAPPO, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 13, 2015, 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 alleged that she suffered a shoulder injury caused in fact by the influenza vaccination she received on November 30, 2013. Petition at 1, ¶¶ 2, 4, 13; see also Stipulation, filed Jan. 3, 2017, at ¶¶ 1-2, 4. Petitioner further alleged that she received the influenza vaccination in the United States, that she suffered the effects of her injury for more than six months, and that neither she nor any other party has filed any other action or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 4, 14; see also Stipulation at ¶¶ 3-5. “Respondent denies that the influenza immunization is the cause of petitioner’s alleged SIRVA or any other injury or her current condition.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends 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). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 2 of 7 Nevertheless, on January 3, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: A lump sum of $71,355.26 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. The undersigned approves 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/Nora Beth Dorsey Nora Beth Dorsey 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 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 3 of 7 Case 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 4 of 7 Case 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 5 of 7 Case 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 6 of 7 Case 1:15-vv-00372-UNJ Document 40 Filed 04/27/17 Page 7 of 7