VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00476 Package ID: USCOURTS-cofc-1_17-vv-00476 Petitioner: Dolores Justice Filed: 2017-04-04 Decided: 2020-11-18 Vaccine: influenza Vaccination date: 2015-10-15 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52500 AI-assisted case summary: Dolores Justice filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 15, 2015. She stated that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that she had not received a prior award or settlement for this injury. Respondent, the Secretary of Health and Human Services, denied that Ms. Justice sustained a SIRVA Table injury, denied that the vaccine caused her shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on October 16, 2020, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Justice was awarded a lump sum of $52,500.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00476-0 Date issued/filed: 2020-11-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/19/2020) regarding 63 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00476-UNJ Document 67 Filed 11/18/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0476V UNPUBLISHED DOLORES JUSTICE, Chief Special Master Corcoran Petitioner, Filed: October 19, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 4, 2017, Dolores Justice filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”), and on June 1, 2018 Petitioner amended her petition. Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on October 15, 2015. Amended Petition at 1; Stipulation, filed at October 16, 2020, ¶¶ 2-5. Petitioner further alleges the vaccine was administered within the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. Petition at 1, 3-4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 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-00476-UNJ Document 67 Filed 11/18/20 Page 2 of 7 Nevertheless, on October 16, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $52,500.00 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-00476-UNJ Document 67 Filed 11/18/20 Page 3 of 7 Case 1:17-vv-00476-UNJ Document 67 Filed 11/18/20 Page 4 of 7 Case 1:17-vv-00476-UNJ Document 67 Filed 11/18/20 Page 5 of 7 Case 1:17-vv-00476-UNJ Document 67 Filed 11/18/20 Page 6 of 7 Case 1:17-vv-00476-UNJ Document 67 Filed 11/18/20 Page 7 of 7