VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00116 Package ID: USCOURTS-cofc-1_17-vv-00116 Petitioner: Gloria Harman Filed: 2017-01-26 Decided: 2019-05-29 Vaccine: influenza Vaccination date: 2015-11-11 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 77500 AI-assisted case summary: Gloria Harman filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 11, 2015. Ms. Harman stated that the vaccination was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for this condition. The respondent denied that the flu immunization caused her alleged injury. On March 27, 2019, the parties filed a joint stipulation for compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Ms. Harman was awarded a lump sum of $77,500.00 in compensation for all items of damages. Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Gloria Harman alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 11, 2015. The respondent denied causation. The parties filed a joint stipulation for compensation on March 27, 2019. The Special Master adopted the stipulation, awarding $77,500.00. The public text indicates the theory of causation falls under the "Table" category, but does not provide further details on the specific mechanism, expert testimony, or the breakdown of the award beyond the lump sum. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Camille Michelle Collett. The decision was issued by Chief Special Master Nora Beth Dorsey on May 29, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00116-0 Date issued/filed: 2019-05-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/28/2019) regarding 55 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00116-UNJ Document 59 Filed 05/29/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-116V Filed: March 28, 2019 UNPUBLISHED GLORIA HARMAN, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On January 26, 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 an influenza (“flu”) vaccine administered on November 11, 2015. Petition at 1; Stipulation, filed March 27, 2019, at ¶¶ 1, 2. Petitioner further alleges that the vaccination was administered within the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of this condition. Petition at 8; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or condition.” Stipulation at ¶ 6. 1 The undersigned intends to post this decision on the United States Court of Federal Claims' website. 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, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished decision contains a reasoned explanation for the action in this case, undersigned is required 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). 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-00116-UNJ Document 59 Filed 05/29/19 Page 2 of 7 Nevertheless, on March 27, 2019, 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 $77,500.00 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-00116-UNJ Document 59 Filed 05/29/19 Page 3 of 7 Case 1:17-vv-00116-UNJ Document 59 Filed 05/29/19 Page 4 of 7 Case 1:17-vv-00116-UNJ Document 59 Filed 05/29/19 Page 5 of 7 Case 1:17-vv-00116-UNJ Document 59 Filed 05/29/19 Page 6 of 7 Case 1:17-vv-00116-UNJ Document 59 Filed 05/29/19 Page 7 of 7