VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00297 Package ID: USCOURTS-cofc-1_17-vv-00297 Petitioner: Britton Miller Filed: 2017-03-03 Decided: 2019-08-12 Vaccine: influenza Vaccination date: 2015-10-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60120 AI-assisted case summary: On March 3, 2017, Britton Miller filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 25, 2015, caused her to develop a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent denied that the vaccine caused the alleged injury. On August 6, 2019, both parties filed a stipulation for award, agreeing that compensation should be paid to the petitioner. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the court. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was awarded a lump sum of $60,120.00, payable by check to Petitioner, to cover all damages including out-of-pocket medical expenses and pain and suffering. Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Jeffrey T. Sprague of the United States Department of Justice. The decision was signed by Special Master Sanders on August 12, 2019. Theory of causation field: Petitioner Britton Miller alleged that an influenza vaccine received on October 25, 2015, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. The Special Master adopted the stipulation. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was awarded $60,120.00 as a lump sum for all damages. The decision was issued by Special Master Herbrina Sanders on August 12, 2019. Petitioner's counsel was Leah V. Durant, and Respondent's counsel was Jeffrey T. Sprague. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00297-0 Date issued/filed: 2019-09-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/12/2019) regarding 51 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (Smith, Richard) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 12, 2019 * * * * * * * * * * * * * * * * * * * * * * * * * BRITTON MILLER, * No. 17-297V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to Vaccine * Administration (“SIRVA”) Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Jeffrey T. Sprague, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On March 3, 2017, Britton Miller (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012). Petitioner alleged that the influenza (“flu”) vaccine she received on October 25, 2015, caused her to develop a shoulder injury related to vaccine administration (“SIRVA”). See Stip. at 1, ECF No. 50. Petitioner further alleged that she experienced the residual effects of his injury for more than six months. Id. On August 6, 2019, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine caused Petitioner’s alleged SIRVA, or any other injury. Id. at 1–2. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 1 This decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $60,120.00, in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a), including out- of-pocket medical expenses and pain and suffering. Id. I approve the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Herbrina D. Sanders Herbrina D. Sanders Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 3 of 7 Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 4 of 7 Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 5 of 7 Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 6 of 7 Case 1:17-vv-00297-UNJ Document 55 Filed 09/10/19 Page 7 of 7