VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00693 Package ID: USCOURTS-cofc-1_16-vv-00693 Petitioner: Sharon Cagle Filed: 2016-06-13 Decided: 2018-11-13 Vaccine: influenza Vaccination date: 2014-09-08 Condition: Sweet syndrome, shingles, and a shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Sharon Cagle filed a petition for compensation under the National Vaccine Injury Compensation Program on June 13, 2016, alleging that she suffered from Sweet syndrome, shingles, and a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on September 8, 2014. The respondent, the Secretary of Health and Human Services, denied that the flu vaccination caused petitioner's alleged conditions or any other injury. Despite maintaining their respective positions, the parties entered into a joint stipulation to settle the case. The stipulation provided for an award of compensation to Ms. Cagle. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. Judgment was entered awarding Ms. Cagle a lump sum of $20,000.00, representing all damages available under the program. The decision was issued on November 13, 2018. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or the mechanism of causation. Petitioner was represented by Michael A. Firestone, and respondent was represented by Christine M. Becer. Theory of causation field: Petitioner Sharon Cagle alleged that an influenza vaccination administered on September 8, 2014, caused Sweet syndrome, shingles, and a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties entered into a joint stipulation for settlement, agreeing to an award of $20,000.00. The Special Master adopted the stipulation as the decision of the Court. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The award was a lump sum of $20,000.00. Special Master Thomas L. Gowen issued the decision on November 13, 2018. Petitioner's counsel was Michael A. Firestone, and respondent's counsel was Christine M. Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-00693-0 Date issued/filed: 2018-11-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: October 17, 2018) regarding 46 DECISION of Special Master - Stipulation. Signed by Special Master Thomas L. Gowen. (kl) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-00693-UNJ Document 47 Filed 11/13/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: October 17, 2018 * * * * * * * * * * * * * SHARON CAGLE, * UNPUBLISHED * Petitioner, * No. 16-693V * v. * Special Master Gowen * SECRETARY OF HEALTH * Influenza (“Flu”) Vaccination; AND HUMAN SERVICES, * Sweet Syndrome; Shingles; * Shoulder Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * Michael A. Firestone, San Mateo, CA, for petitioner. Christine M. Becer, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 13, 2016, Sharon Cagle (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner received an influenza (“flu”) vaccination on September 8, 2014. Petitioner alleged that she suffered from Sweet syndrome (“SS”), shingles, and a shoulder injury related to vaccine administration (“SIRVA”) as a result of receiving the flu vaccination. On October 17, 2018, respondent filed a joint stipulation providing that a decision should be entered awarded compensation to petitioner. Joint Stipulation (ECF No. 45). Respondent denies that the flu vaccination caused petitioner to suffer from SS, shingles, SIRVA, or any other injury or her current condition. Id. at ¶ 6. Maintaining their respective positions, the parties 1 Because this decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the website of the United States Court of Federal Claims, pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012). The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:16-vv-00693-UNJ Document 47 Filed 11/13/18 Page 2 of 7 nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation to petitioner according to the terms of the joint stipulation attached hereto as Appendix A. The joint stipulation awards a lump sum of $20,000.00 in the form of a check payable to petitioner. This amount represents all damages that would be available under 42 U.S.C. § 300aa-15(a). I find the stipulation reasonable and I adopt it as the decision of the Court in awarding damages, on the terms set forth therein. Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties jointly or separately filing notice renouncing their right to seek review. 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