VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01060 Package ID: USCOURTS-cofc-1_16-vv-01060 Petitioner: Jenifer Twiford Filed: 2016-08-25 Decided: 2020-11-13 Vaccine: influenza Vaccination date: 2015-10-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Jenifer Twiford filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2015. She claimed her pain lasted longer than six months and that she had not received prior compensation for this condition. Respondent denied that Ms. Twiford sustained a SIRVA Table injury, denied that the flu vaccine caused or aggravated her shoulder injuries, and denied that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 12, 2020, agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ms. Twiford was awarded a lump sum of $50,000.00, representing compensation for all items of damages available under the Vaccine Act. This decision was entered on November 13, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01060-0 Date issued/filed: 2020-12-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/13/2020) regarding 48 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (et) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01060-UNJ Document 49 Filed 12/08/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1060V Filed: November 13, 2020 UNPUBLISHED JENIFER TWIFORD , Petitioner, Joint Stipulation on Damages; v. Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (SIRVA) HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 25, 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of her receipt of the flu vaccination on October 23, 2015. Petition at 1; Stipulation, filed November 12, 2020, at ¶¶ 2-4. Petitioner further alleges that petitioner’s pain lasted longer than six months and that neither petitioner, nor any other party, has ever received compensation for her condition. Petition at 2; Stipulation at ¶ 5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused or significantly aggravated petitioner’s alleged shoulder injuries or any other injury; and denies that her current condition is a sequalae of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access to the Internet. 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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-01060-UNJ Document 49 Filed 12/08/20 Page 2 of 7 Nevertheless, on November 12, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt 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, I award the following compensation: A lump sum of $50,000.00 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 § 15(a). Id. 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/Daniel T. Horner Daniel T. Horner 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-01060-UNJ Document 49 Filed 12/08/20 Page 3 of 7 Case 1:16-vv-01060-UNJ Document 49 Filed 12/08/20 Page 4 of 7 Case 1:16-vv-01060-UNJ Document 49 Filed 12/08/20 Page 5 of 7 Case 1:16-vv-01060-UNJ Document 49 Filed 12/08/20 Page 6 of 7 Case 1:16-vv-01060-UNJ Document 49 Filed 12/08/20 Page 7 of 7