VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00001 Package ID: USCOURTS-cofc-1_17-vv-00001 Petitioner: Susan North Filed: 2017-11-14 Decided: 2018-03-07 Vaccine: pneumococcal conjugate Vaccination date: 2015-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Susan North filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine on October 15, 2015. She claimed the injury resulted in residual effects lasting more than six months and that the vaccine was listed on the Vaccine Injury Table. Respondent denied that the vaccine caused her alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on November 13, 2017, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Susan North was awarded a lump sum of $60,000.00, representing compensation for all items of damages available under the Vaccine Act. This award was to be paid by check to the petitioner. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00001-0 Date issued/filed: 2018-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/14/2017) regarding 25 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0001V Filed: November 14, 2017 UNPUBLISHED SUSAN NORTH, Special Processing Unit (SPU); Joint Stipulation on Damages; Petitioner, Pneumococcal Conjugate Vaccine; v. Shoulder Injury Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., 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 January 3, 2017, 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”) as a result of receiving a pneumococcal conjugate (“Prevnar”) vaccine on October 15, 2015. Petition at 1; Stipulation, filed Nov. 13, 2017, at ¶¶ 1-2, 4. Petitioner further alleges that she received a vaccine listed on the Vaccine Injury Table in the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor anyone else has filed a lawsuit or accepted a settlement or award for her injury alleged to be vaccine caused. Petition at ¶¶ 9-12; Stipulation at ¶¶ 3-5. “Respondent denies that the Prevnar 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 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 2 of 7 Nevertheless, on November 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 $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 § 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 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 3 of 7 Case 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 4 of 7 Case 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 5 of 7 Case 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 6 of 7 Case 1:17-vv-00001-UNJ Document 29 Filed 03/07/18 Page 7 of 7