VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01055 Package ID: USCOURTS-cofc-1_16-vv-01055 Petitioner: Rachel McCarron Filed: 2016-08-25 Decided: 2017-05-11 Vaccine: influenza Vaccination date: 2014-08-27 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 67000 AI-assisted case summary: Rachel McCarron filed a petition for compensation under the National Vaccine Injury Compensation Program on August 25, 2016, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on August 27, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's injury or any other condition, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties reached a joint stipulation for damages. Special Master Thomas L. Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded $67,000.00 as a lump sum to compensate for all damages. The parties agreed to expedite the entry of judgment by waiving the right to seek review. Howard S. Gold represented the petitioner, and Lynn E. Ricciardella represented the respondent. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Rachel McCarron alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on August 27, 2014. The respondent denied causation. The case proceeded as a Table claim. The parties entered into a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen. Petitioner was awarded $67,000.00 as a lump sum for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation. Attorneys involved were Howard S. Gold for the petitioner and Lynn E. Ricciardella for the respondent. The decision date was May 11, 2017. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01055-0 Date issued/filed: 2017-06-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/11/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties. -------------------------------------------------------------------------------- Case 1:16-vv-01055-UNJ Document 33 Filed 06/07/17 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: May 11, 2017 * * * * * * * * * * * * * * * * * * * * * * * * * RACHEL MCCARRON, * * No. 16-1055V Petitioner, * v. * Special Master Gowen * SECRETARY OF HEALTH * Joint Stipulation on Damages; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; * Shoulder Injury Related to Respondent. * Vaccine Administration (“SIRVA”). * * * * * * * * * * * * * Howard S. Gold, Gold Law Firm, LLC, Wellesley Hills, MA, for petitioner. Lynn E. Ricciardella, United States Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 25, 2016, Rachel McCarron (“petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to 34 (2012).2 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on August 27, 2014. Petition at 1. On May 10, 2017, the parties filed a stipulation in which they state that a decision should be entered awarding compensation. Respondent denies that the flu vaccine caused petitioner to suffer from SIRVA, or any other injury, and denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. Stipulation at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation 1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). As provided by Vaccine Rule 18(b), each party has 14 days within which to request 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). 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-01055-UNJ Document 33 Filed 06/07/17 Page 2 of 7 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 in compensation: 1) A lump sum of $67,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. 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’ joint filing of notice renouncing the right to seek review. Case 1:16-vv-01055-UNJ Document 33 Filed 06/07/17 Page 3 of 7 Case 1:16-vv-01055-UNJ Document 33 Filed 06/07/17 Page 4 of 7 Case 1:16-vv-01055-UNJ Document 33 Filed 06/07/17 Page 5 of 7 Case 1:16-vv-01055-UNJ Document 33 Filed 06/07/17 Page 6 of 7 Case 1:16-vv-01055-UNJ Document 33 Filed 06/07/17 Page 7 of 7