VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00578 Package ID: USCOURTS-cofc-1_15-vv-00578 Petitioner: Susanne Murphy Filed: 2015-06-08 Decided: 2016-05-31 Vaccine: influenza Vaccination date: 2013-09-23 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 125000 AI-assisted case summary: Susanne Murphy filed a petition for compensation under the National Vaccine Injury Compensation Program on June 8, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 23, 2013. She stated she received the vaccination in the United States, suffered effects for more than six months, and had not received other compensation for the injury. Respondent denied that the flu vaccination caused her alleged SIRVA. However, on May 3, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. The parties stipulated that Susanne Murphy would receive a lump sum of $125,000.00 as compensation for all items of damages. The court approved this amount and directed the clerk to enter judgment accordingly. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-00578-0 Date issued/filed: 2016-05-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/04/2016) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-00578-UNJ Document 32 Filed 05/31/16 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-0578V Filed: May 4, 2016 Unpublished * * * * * * * * * * * * * * * * * * * * * * * * * * * * SUSANNE MURPHY, * * Petitioner, * Joint Stipulation on Damages; * Influenza (“flu”) Vaccine; Shoulder v. * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston, MA, for petitioner. Debra Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On June 8, 2015, Susanne Murphy (“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 she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination she received on September 23, 2013. Petition at 1; Stipulation, filed May 3, 2016, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccination in the United States, that she has suffered the effects of her injury for more than six months, and that she has not received compensation for her vaccine related injury. Pet. at ¶¶ 37-39; see also Stip. at ¶¶ 3-5. Respondent denies that petitioner’s alleged SIRVA, or any other injury, was caused-in-fact by her flu vaccination. Stip. at ¶ 6. Nevertheless, on May 3, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00578-UNJ Document 32 Filed 05/31/16 Page 2 of 7 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 $125,000.00 in the form of a check payable to petitioner, Susanne Murphy. This amount represents compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). Stip. at ¶ 8. 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-00578-UNJ Document 32 Filed 05/31/16 Page 3 of 7 Case 1:15-vv-00578-UNJ Document 32 Filed 05/31/16 Page 4 of 7 Case 1:15-vv-00578-UNJ Document 32 Filed 05/31/16 Page 5 of 7 Case 1:15-vv-00578-UNJ Document 32 Filed 05/31/16 Page 6 of 7 Case 1:15-vv-00578-UNJ Document 32 Filed 05/31/16 Page 7 of 7