VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00346 Package ID: USCOURTS-cofc-1_17-vv-00346 Petitioner: Sheri Hoeger Filed: 2017-04-08 Decided: 2019-09-17 Vaccine: influenza Vaccination date: 2015-10-20 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45100 AI-assisted case summary: Sheri Hoeger filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2017, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 20, 2015. She further alleged that her vaccine-related injuries lasted more than six months. The respondent denied that the flu vaccine caused her injury. Nevertheless, on April 8, 2019, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Sheri Hoeger was awarded a lump sum of $45,100.00, representing compensation for all items of damages available under the Vaccine Act. The award was made in the form of a check payable to the petitioner. The public decision does not describe the petitioner's counsel, respondent's counsel, specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. The decision is unpublished and available on the court's website, with a process for redacting sensitive information. Theory of causation field: Petitioner Sheri Hoeger alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 20, 2015, with injuries lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $45,100.00. The public text indicates a "Table" theory of causation was considered, but does not provide details on the specific mechanism, expert testimony, or the evidence considered in the stipulation. The decision date was September 17, 2019, with the stipulation filed on April 8, 2019. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00346-0 Date issued/filed: 2019-09-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/08/2019) regarding 50 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00346-UNJ Document 58 Filed 09/17/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0346V Filed: April 8, 2019 UNPUBLISHED SHERI HOEGER, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH Related to Vaccine Administration AND HUMAN SERVICES, (SIRVA) Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 14, 2017, Sheri Hoeger (“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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on October 20, 2015. Petition at 1-2; Stipulation, filed April 8, 2019, at ¶ 4. Petitioner further alleges that her vaccine-related injuries have lasted more than six months. Petition at 2; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injury 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-00346-UNJ Document 58 Filed 09/17/19 Page 2 of 7 Nevertheless, on April 8, 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 $45,100.00, 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-00346-UNJ Document 58 Filed 09/17/19 Page 3 of 7 Case 1:17-vv-00346-UNJ Document 58 Filed 09/17/19 Page 4 of 7 Case 1:17-vv-00346-UNJ Document 58 Filed 09/17/19 Page 5 of 7 Case 1:17-vv-00346-UNJ Document 58 Filed 09/17/19 Page 6 of 7 Case 1:17-vv-00346-UNJ Document 58 Filed 09/17/19 Page 7 of 7