VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01037 Package ID: USCOURTS-cofc-1_16-vv-01037 Petitioner: Regina O. Fletcher Filed: 2017-07-14 Decided: 2018-01-23 Vaccine: influenza Vaccination date: 2015-01-11 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 150000 AI-assisted case summary: Regina O. Fletcher filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine administered on January 11, 2015. Ms. Fletcher stated the vaccination occurred in the United States and that the sequelae of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged SIRVA or any other injury. On July 13, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. A lump sum of $150,000.00 was awarded to Ms. Fletcher as compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Christopher Davidson Fletcher of Rawson, Merrigan & Litner, LLP, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. Judgment was to be entered in accordance with this decision. Theory of causation field: Petitioner Regina O. Fletcher alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine administered on January 11, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The Special Master adopted the stipulation, awarding a lump sum of $150,000.00 for all damages. The decision was issued by Chief Special Master Nora Beth Dorsey on January 23, 2018. Petitioner's counsel was Christopher Davidson Fletcher, and respondent's counsel was Linda Sara Renzi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01037-0 Date issued/filed: 2018-01-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 7/14/2017) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16–1037V Filed: July 14, 2017 UNPUBLISHED REGINA O. FLETCHER, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Christopher Davidson Fletcher, Rawson, Merrigan & Litner, LLP, Boston, MA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On August 22, 2016, 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”) caused by her influenza (“flu”) vaccine administered on January 11, 2015. Stipulation, filed July 13, 2017, at ¶¶ 2, 4; see generally Petition. Petitioner further alleges that she received her vaccination in the United States, and that she suffered the sequela of her injury for more than six months. Stipulation at ¶¶ 3, 4; See Petition at ¶¶ 1, 13. “Respondent denies that the flu vaccine is the cause of petitioner’s alleged SIRVA or any other injury, or her current condition. ” 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 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 2 of 7 Nevertheless, on July 13, 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. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $150,000.00 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 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 3 of 7 Case 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 4 of 7 Case 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 5 of 7 Case 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 6 of 7 Case 1:16-vv-01037-UNJ Document 36 Filed 01/23/18 Page 7 of 7