VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01208 Package ID: USCOURTS-cofc-1_15-vv-01208 Petitioner: Sondra Ritchie-Coppler Filed: 2015-10-15 Decided: 2017-02-08 Vaccine: influenza Vaccination date: 2012-10-18 Condition: left shoulder injuries including rotator cuff tears and adhesive capsulitis Outcome: compensated Award amount USD: 349075 AI-assisted case summary: Sondra Ritchie-Coppler filed a petition for compensation under the National Vaccine Injury Compensation Program on October 15, 2015. She alleged that an influenza vaccine received on October 18, 2012, caused left shoulder injuries, including rotator cuff tears and adhesive capsulitis, and that she suffered residual effects for more than six months. The respondent denied that the flu vaccine caused the alleged injuries or that the petitioner's current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on February 8, 2017, 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. Sondra Ritchie-Coppler was awarded a lump sum of $349,075.00, payable to her, as compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation, not on a finding of entitlement after a contested hearing. Petitioner was represented by Leonard C. Herr, Jr., and respondent was represented by Lisa Ann Watts. Theory of causation field: Petitioner Sondra Ritchie-Coppler received an influenza vaccine on October 18, 2012, and alleged left shoulder injuries including rotator cuff tears and adhesive capsulitis, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $349,075.00 as a lump sum. The public decision does not describe the specific theory of causation, medical experts, or the mechanism of injury. The award was based on the joint stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01208-0 Date issued/filed: 2017-08-11 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/09/2017) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01208-UNJ Document 45 Filed 08/11/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1208V Filed: February 9, 2017 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * SONDRA RITCHIE-COPPLER, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccine; Left * Shoulder Injuries; Rotator Cuff Tear SECRETARY OF HEALTH * and Adhesive Capsulitis; Special AND HUMAN SERVICES, * Processing Unit (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Leonard C. Herr, Jr., Herr, Pedersen & Berglund, LLP, Visalia, CA, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 15, 2015, Sondra Ritchie-Coppler (“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 left shoulder injuries including rotator cuff tears and adhesive capsulitis as a result of an influenza (“flu”) vaccine she received on October 18, 2012. Petition at 1; Stipulation, filed February 8, 2017, at ¶ 4. Petitioner further alleges that she suffered the residual effects of her injuries for more than six months. Petition at 6; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner’s alleged rotator cuff tears, adhesive capsulitis, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on February 8, 2017, 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-01208-UNJ Document 45 Filed 08/11/17 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 $349,075.00 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 42 U.S.C. § 300aa-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-01208-UNJ Document 45 Filed 08/11/17 Page 3 of 7 Case 1:15-vv-01208-UNJ Document 45 Filed 08/11/17 Page 4 of 7 Case 1:15-vv-01208-UNJ Document 45 Filed 08/11/17 Page 5 of 7 Case 1:15-vv-01208-UNJ Document 45 Filed 08/11/17 Page 6 of 7 Case 1:15-vv-01208-UNJ Document 45 Filed 08/11/17 Page 7 of 7