VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01342
Package ID: USCOURTS-cofc-1_15-vv-01342
Petitioner: Simrat Suri
Filed: 2015-11-06
Decided: 2017-10-25
Vaccine: influenza
Vaccination date: 2014-10-08
Condition: tendinopathy; Shoulder Injury Related to Vaccine Administration (“SIRVA”)
Outcome: compensated
Award amount USD: 101811

AI-assisted case summary:
Simrat Suri filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2015, alleging that she suffered tendinopathy caused by the influenza vaccine she received on October 8, 2014. The petition stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that she had not previously received compensation for a vaccine-caused injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denial, on March 23, 2017, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. The stipulation outlined an award of $101,810.75. This amount was to be paid as a lump sum of $97,000.00 directly to the petitioner and $4,810.75 to reimburse a Medicaid lien, payable jointly to the petitioner and the New York State Department of Health. The petitioner agreed to endorse the check for the Medicaid lien reimbursement to the State of New York. This total award was intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on October 25, 2017. Petitioner's counsel was Paul Brazil of Muller Brazil, LLP, and respondent's counsel was Mallori Openchowski of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The specific theory of causation is not detailed in the public decision, other than it being related to the influenza vaccine and SIRVA.

Theory of causation field:
Petitioner Simrat Suri alleged that tendinopathy and Shoulder Injury Related to Vaccine Administration (SIRVA) were caused by an influenza vaccine received on October 8, 2014. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey on March 23, 2017. The stipulation resulted in an award of $101,810.75, comprising a $97,000.00 lump sum to the petitioner and $4,810.75 to reimburse a Medicaid lien. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the specific theory of causation beyond the general allegation of SIRVA following vaccination. The case was resolved via stipulation, not through litigation of the causation theory. Attorneys involved were Paul Brazil for the petitioner and Mallori Openchowski for the respondent. The decision date was October 25, 2017.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-01342-0
Date issued/filed: 2017-10-25
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/23/2017) regarding 38 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:15-vv-01342-UNJ Document 47 Filed 10/25/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-1342V
Filed: March 23, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
SIMRAT SURI, *
*
Petitioner, *
v. * Joint Stipulation on Damages;
* Influenza Vaccine; Tendinopathy;
SECRETARY OF HEALTH * Shoulder Injury Related to Vaccine
AND HUMAN SERVICES, * Administration (“SIRVA”);
* Special Processing Unit (“SPU”)
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Mallori Openchowski, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On November 6, 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 tendinopathy caused in fact by the
influenza vaccine she received on October 8, 2014. Petition at 1, ¶¶ 2, 16; see also
Stipulation, filed Mar. 23, 2017, at ¶¶ 1, 2, 4. Petitioner further alleged that she received
the influenza vaccine in the United States, has suffered the residual effects of her injury
for more than six months, and has never received compensation for her injury, alleged
as vaccine caused. Petition at ¶¶ 2, 12, 17; see also Stipulation at ¶¶ 3-5.
“Respondent denies that the flu vaccine caused petitioner’s alleged SIRVA or any other
injury and further denies that her current disabilities are a sequela of a vaccine-related
injury.” 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-01342-UNJ Document 47 Filed 10/25/17 Page 2 of 7
Nevertheless, on March 23, 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 a payment of $101,810.75 as
follows:
1. A lump sum payment of $97,000.00 in the form of a check payable
solely to petitioner;
2. A lump sum payment of $4,810.75, which amount represents
reimbursement of a Medicaid lien, in the form of a check payable jointly to petitioner
and
New York State Department of Health
P.O. Box 415874
Boston, MA 02241-5874
Stipulation at ¶ 8. Petitioner agrees to endorse this check to the State of New York.
Id. This amount represents compensation for all items of damages that would be
available under § 15(a).
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

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