VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00321 Package ID: USCOURTS-cofc-1_17-vv-00321 Petitioner: Donna Parker Filed: 2017-03-09 Decided: 2018-12-12 Vaccine: influenza Vaccination date: 2015-11-23 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Donna Parker filed a petition for compensation under the National Vaccine Injury Compensation Program on March 9, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on November 23, 2015. She further alleged that she experienced the residual effects of her injury for more than six months. The respondent denied that the influenza vaccine caused petitioner's alleged SIRVA or any other injury. On October 26, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Donna Parker was awarded a lump sum of $20,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was made public in accordance with the E-Government Act of 2002. Theory of causation field: Petitioner Donna Parker alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 23, 2015, with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation on October 26, 2018. The public decision does not detail the specific medical mechanism, expert testimony, or clinical findings supporting the SIRVA claim. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $20,000.00 to the petitioner. The decision was issued on December 12, 2018. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00321-0 Date issued/filed: 2018-12-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/30/2018) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00321-UNJ Document 41 Filed 12/12/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0321V Filed: October 30, 2018 UNPUBLISHED DONNA PARKER, 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. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 9, 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 she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”), as a result of an influenza (“flu”) vaccination she received on November 23, 2015. Petition at 1; Stipulation at ¶¶ 2-4. Petitioner further alleges that she experienced the residual effects of her injury for more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the influenza vaccine caused petitioner’s alleged SIRVA or any other injury or her current 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-00321-UNJ Document 41 Filed 12/12/18 Page 2 of 7 Nevertheless, on October 26, 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 $20,000.00 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 Ca s e 1 :1 7-vv-00321-UNJ Document 41 Filed 12/12/18 Page 3 of 7 Case 1:17-vv-00321-UNJ Document 41 Filed 12/12/18 Page 4 o f 7 Case 1:17-vv-00321-UNJ Document 41 Filed 12/12/18 Page 5 of 7 Case 1 :17-vv-00321-UNJ Document 41 Filed 12/12/18 Page 6 of 7 Case 1:17-vv-00321-UNJ Document 41 Filed 12/12/18 Page 7 of 7