VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00463 Package ID: USCOURTS-cofc-1_17-vv-00463 Petitioner: Sharyn Lynn Lobell Filed: 2017-03-31 Decided: 2020-08-28 Vaccine: influenza Vaccination date: 2015-10-13 Condition: left shoulder injuries Outcome: compensated Award amount USD: 27500 AI-assisted case summary: Sharyn Lynn Lobell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered left shoulder injuries as a result of an influenza vaccine she received on October 13, 2015. She further alleged that she suffered the residual effects of this injury for more than six months. Respondent denied that Ms. Lobell suffered the onset of her alleged left shoulder injury within the Table timeframe, denied that the flu vaccine caused her injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on July 29, 2020, agreeing that a decision should be entered awarding compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Lobell was awarded a lump sum of $27,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00463-0 Date issued/filed: 2020-08-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/29/2020) regarding 67 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 73 replaced on 9/3/2020 to attach corrected PDF) (ypb). (Main Document 73 replaced on 9/9/2020 to attach corrected PDF) (ypb). (Main Document 73 replaced on 9/16/2020 to attach decision with the stipulation included in the PDF(ypb). -------------------------------------------------------------------------------- Case 1:17-vv-00463-UNJ Document 73 Filed 08/28/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0463V UNPUBLISHED SHARYN LYNN LOBELL, Chief Special Master Corcoran Petitioner, Filed: July 29, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 31, 2017, Sharyn Lynn Lobell 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 left shoulder injuries as a result of an influenza (“flu”) vaccine she received on October 13, 2015. Petition at 1; Stipulation, filed at July 29, 2020, ¶¶ 2, 4. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petition at 2; Stipulation at ¶¶ 4, 6. “Respondent denies that petitioner suffered the onset of her alleged left shoulder injury within the Table timeframe; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury and further denies that her current disabilities are a sequela of a vaccine- related injury.” Stipulation at ¶ 6. Nevertheless, on July 29, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I 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-00463-UNJ Document 73 Filed 08/28/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $27,500.00, 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 Section 15(a). Id. I approve 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/Brian H. Corcoran Brian H. Corcoran 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-00463-UNJ Document 73 Filed 08/28/20 Page 3 of 7 Case 1:17-vv-00463-UNJ Document 73 Filed 08/28/20 Page 4 of 7 Case 1:17-vv-00463-UNJ Document 73 Filed 08/28/20 Page 5 of 7 Case 1:17-vv-00463-UNJ Document 73 Filed 08/28/20 Page 6 of 7 Case 1:17-vv-00463-UNJ Document 73 Filed 08/28/20 Page 7 of 7