VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00459 Package ID: USCOURTS-cofc-1_17-vv-00459 Petitioner: Anita Schmitter Filed: 2017-03-30 Decided: 2018-08-14 Vaccine: influenza Vaccination date: 2015-11-04 Condition: shoulder injury related to vaccine administration (SIRVA), impingement with adhesive capsulitis and a partial rotator cuff tear Outcome: compensated Award amount USD: 140000 AI-assisted case summary: Anita Schmitter filed a petition for compensation under the National Vaccine Injury Compensation Program on March 30, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on November 4, 2015. She claimed the flu shot was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her alleged left shoulder injuries, including impingement with adhesive capsulitis and a partial rotator cuff tear, or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, on April 9, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Anita Schmitter was awarded a lump sum of $140,000.00, representing compensation for all damages available under the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00459-0 Date issued/filed: 2018-08-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/10/2018) regarding 28 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00459-UNJ Document 37 Filed 08/14/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-459V Filed: April 10, 2018 UNPUBLISHED ANITA SCHMITTER, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 30, 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”) vaccination administered on November 4, 2015. Petition at 1; Stipulation, filed April 9, 2018, at ¶ 1. Petitioner further alleges that the flu shot was administered in the United States, that she suffered the residual effects of her injuries for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-7; Stipulation at ¶¶ 2-5. “Respondent denies that the flu vaccine caused petitioner’s alleged left shoulder injuries, to include impingement with adhesive capsulitis and a partial rotator cuff tear, or any other injury, and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury. ” 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-00459-UNJ Document 37 Filed 08/14/18 Page 2 of 7 Nevertheless, on April 9, 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 $140,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-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-00459-UNJ Document 37 Filed 08/14/18 Page 3 of 7 Case 1:17-vv-00459-UNJ Document 37 Filed 08/14/18 Page 4 of 7 Case 1:17-vv-00459-UNJ Document 37 Filed 08/14/18 Page 5 of 7 Case 1:17-vv-00459-UNJ Document 37 Filed 08/14/18 Page 6 of 7 Case 1:17-vv-00459-UNJ Document 37 Filed 08/14/18 Page 7 of 7