VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-01523 Package ID: USCOURTS-cofc-1_15-vv-01523 Petitioner: Stacia Wright Filed: 2015-12-15 Decided: 2017-04-19 Vaccine: influenza Vaccination date: 2014-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Stacia Wright filed a petition for compensation under the National Vaccine Injury Compensation Program on December 15, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on October 16, 2014. The respondent denied that the flu vaccination caused petitioner's SIRVA or any other injury. The parties filed a joint stipulation on damages, stating that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $55,000.00 in compensation for all items of damages available under the Vaccine Act. The decision was issued on April 19, 2017. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Claudia Barnes Gangi. The decision was issued by Chief Special Master Nora Beth Dorsey. Theory of causation field: Petitioner Stacia Wright alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 16, 2014. The respondent denied causation. The parties filed a joint stipulation on damages, which the Special Master adopted. The public decision does not describe the specific mechanism of injury, expert testimony, or clinical details of the petitioner's condition. The case was compensated under the "Table" theory, indicating the injury is presumed compensable under the Vaccine Injury Table. Petitioner received a lump sum award of $55,000.00 for all damages. The decision was issued by Chief Special Master Nora Beth Dorsey on April 19, 2017. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Claudia Barnes Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_15-vv-01523-0 Date issued/filed: 2017-04-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/06/2016) regarding 32 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:15-vv-01523-UNJ Document 42 Filed 04/19/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 15-1523V Filed: December 6, 2016 UNPUBLISHED * * * * * * * * * * * * * * * * * * * * * * * * * * * * STACIA WRIGHT, * * Petitioner, * Joint Stipulation on Damages; v. * Influenza (“Flu”) Vaccination; Shoulder * Injury Related to Vaccine Administration SECRETARY OF HEALTH * (“SIRVA”); Special Processing Unit AND HUMAN SERVICES, * (“SPU”) * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop, Attorney at Law, Beverly Hills, CA, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On December 15, 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 alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of her influenza vaccination on October 16, 2014. Stipulation, filed December 5, 2016, at ¶¶ 2, 4; Petition at 1. Petitioner further alleges that the vaccine was administered in the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Stipulation at ¶¶ 3-5; Petition at ¶¶ 17-18. “Respondent denies that the flu vaccination caused petitioner’s SIRVA or any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on December 5, 2016, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The 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-01523-UNJ Document 42 Filed 04/19/17 Page 2 of 7 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 $55,000.00 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-01523-UNJ Document 42 Filed 04/19/17 Page 3 of 7 Case 1:15-vv-01523-UNJ Document 42 Filed 04/19/17 Page 4 of 7 Case 1:15-vv-01523-UNJ Document 42 Filed 04/19/17 Page 5 of 7 Case 1:15-vv-01523-UNJ Document 42 Filed 04/19/17 Page 6 of 7 Case 1:15-vv-01523-UNJ Document 42 Filed 04/19/17 Page 7 of 7