VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-01445 Package ID: USCOURTS-cofc-1_16-vv-01445 Petitioner: Mary Jane Corn Filed: 2016-11-02 Decided: 2018-04-09 Vaccine: influenza Vaccination date: 2015-10-28 Condition: left shoulder injuries Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Mary Jane Corn filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2016, alleging that she suffered left shoulder injuries as a result of an influenza vaccine she received on October 28, 2015. She further alleged that her injury and sequelae lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused her injuries. Despite the denial, the parties filed a joint stipulation on January 24, 2018, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Mary Jane Corn was awarded a lump sum of $60,000.00 as compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to petitioner. The clerk of the court was directed to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_16-vv-01445-0 Date issued/filed: 2018-04-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 1/25/2018) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:16-vv-01445-UNJ Document 39 Filed 04/09/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 16-1445V Filed: January 25, 2018 UNPUBLISHED MARY JANE CORN, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine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. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On November 2, 2016, Mary Jane Corn (“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 left shoulder injuries as a result of an influenza (“flu”) vaccine she received on October 28, 2015. Petition at 1; Stipulation, filed January 24, 2018, at ¶ 4. Petitioner further alleges that she suffered her injury and sequelae for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the influenza vaccine caused petitioner to suffer left shoulder injuries or any other injury.” Stipulation at ¶ 6. Nevertheless, on January 24, 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. 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-01445-UNJ Document 39 Filed 04/09/18 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $60,000.00, 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-01445-UNJ Document 39 Filed 04/09/18 Page 3 of 7 Case 1:16-vv-01445-UNJ Document 39 Filed 04/09/18 Page 4 of 7 Case 1:16-vv-01445-UNJ Document 39 Filed 04/09/18 Page 5 of 7 Case 1:16-vv-01445-UNJ Document 39 Filed 04/09/18 Page 6 of 7 Case 1:16-vv-01445-UNJ Document 39 Filed 04/09/18 Page 7 of 7