VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01299 Package ID: USCOURTS-cofc-1_16-vv-01299 Petitioner: Julie Jodoin Filed: 2018-02-26 Decided: 2018-05-16 Vaccine: influenza Vaccination date: 2015-11-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Julie Jodoin filed a petition for compensation under the National Vaccine Injury Compensation Program on February 26, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 19, 2015. The vaccine was administered in the United States, and she alleged residual effects lasting more than six months. Respondent denied that the SIRVA was caused-in-fact by the vaccination. Despite this disagreement, the parties filed a joint stipulation on February 21, 2018, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Julie Jodoin a lump sum of $50,000.00. This amount was intended to compensate for all damages available under the Vaccine Act. The decision noted that the SIRVA is a condition listed on the Vaccine Injury Table. The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages, and the petitioner released the United States from further claims related to the vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01299-0 Date issued/filed: 2018-05-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/26/2018) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01299-UNJ Document 40 Filed 05/16/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1299V Filed: February 26, 2018 UNPUBLISHED JULIE JODOIN, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine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. Franklin John Caldwell, Jr., Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On October 27, 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”) following an influenza (“flu”) vaccination she received on November 19, 2015. Petition at 1; Stipulation, filed February 21, 2018, at ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced residual effects from her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 2-3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged SIRVA, or any other injury, was caused-in-fact by her flu vaccination.” 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-01299-UNJ Document 40 Filed 05/16/18 Page 2 of 7 Nevertheless, on February 21, 2018, 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 $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 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-01299-UNJ Document 40 Filed 05/16/18 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ·················*··················· • JULIE JODOIN, • • Petitioner, No. !6-1299V • CHIEF SPECIAL MASTER • v. NORA BETH DORSEY * • SECRETARYOFl!EALTHAND • HUMAN SERVICES, • Respondent, • ••••••••••••••••••••••••••••••••••••• STIPULATION The parties hereby stipulate to the foliowing matters: J, Petitioner filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa~IO to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza (uflu") vaccine) whlch vaccine is contained in the Vaccine Injury Table (the 11Table0 42 C.F.R. ), § 100.3 (a). 2. Petitioner received a flu immunization in her left ann on November 19, 2015. 3. This vaccine was administered within the United States. 4, Petitioner alleges that she developed 11 shoulder injury related to vaccine administration C'SJRVA") that was caused-in-fact by a flu vaccine administered on November 19, 2015, and that she has experienced residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Case 1:16-vv-01299-UNJ Document 40 Filed 05/16/18 Page 4 of 7 6. Respondent denies that petitioner's alleged SIRVA, or any other Injury, was caused-in-fact by her flu vaccination. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraplt 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C, § 300aa-2 l(a)(l ), the Secretary of Health and Human Services will issue.the following vaccine compensation payment: A Jump sum of$50,000.00 in the fonn 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). 9. As soon as practicable after !he entry of judgment on entitlement In this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(I), and an application, the parties wilJ submit to further proceedings before the special master to award reasonable attomeys1 fees a.nd costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program ls not primarily liable under 42 U.S.C. § 300aaw 15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)) or by entities that provide health services on a pre-paid basis, 1 2 Case 1:16-vv-01299-UNJ Document 40 Filed 05/16/18 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa"l5(i), subject ta the availabllity of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award forattomeys1 fees, and litigation costs, the money provided pursuant to this Stipulation \viii be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15{a) and {d), and subject to the conditions of 42 U.S.C. § 300aa-15{g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services~ expenses and all demands ofwha1ever kind or nature) that have been brought, CQuld have been brought. or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa~l0 et seq., on account of, or in any way growing out ot any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, a flu vaccination administered on November 19, 2015, as alleged by petitioner in a petition for vaccine compensation filed on or about October 7, 2016, in the United States Court of Federal Claims as petition No. 16~ 1299V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the speclal master fails to issue a decision in complete conformity with the terms of this Stipulation or ift he Court of Federal Claims fails to enter judgment in conformity 3 Case 1:16-vv-01299-UNJ Document 40 Filed 05/16/18 Page 6 of 7 with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought is not grounds to modify or revise this agreement 1 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner1s alleged· SIRVA, or any other condition, was caused-In-fact by her flu vaccination. l 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner1s heirs, exccutors,1 administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I I I I 4 Case 1:16-vv-01299-UNJ Document 40 Filed 05/16/18 Page 7 of 7 Respectfully $ubmltted, PlttmONER: ~~~~ ATTORNEY-OF RECORD FOR AU'J!BOJUZED .REPRESENTATIVE PET'J;ReM.B~ O THE A' ITORNEY GENERAL: