VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00546 Package ID: USCOURTS-cofc-1_17-vv-00546 Petitioner: Sky Sorensen Filed: 2018-08-07 Decided: 2018-10-22 Vaccine: HPV Vaccination date: 2016-09-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 31495 AI-assisted case summary: Sky Sorensen filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her September 23, 2016 human papilloma virus (HPV) vaccine. She further alleged that she suffered residual effects for more than six months and that there had been no prior award or settlement for this injury. The respondent denied that the HPV vaccine caused her injury. Nevertheless, the parties filed a joint stipulation for damages, which Chief Special Master Nora Beth Dorsey adopted. The decision awarded Sky Sorensen a total of $31,495.37. This amount consisted of $30,000.00 in pain and suffering, paid as a lump sum check to the petitioner, and $1,495.37 to satisfy a State of Oregon Medicaid lien, paid as a lump sum check payable jointly to the petitioner and PacificSource Health Plans. Petitioner agreed to endorse the latter payment to PacificSource Health Plans. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Andrew Downing of Van Cott & Talamante, PLLC, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Sky Sorensen alleged a shoulder injury related to vaccine administration (SIRVA) caused by her September 23, 2016 human papilloma virus (HPV) vaccine. The respondent denied causation. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The case resulted in a compensated outcome. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the "Table" theory of causation. The award totaled $31,495.37, comprising $30,000.00 for pain and suffering and $1,495.37 to satisfy a State of Oregon Medicaid lien. The decision was issued on October 22, 2018. Petitioner's counsel was Andrew Downing, and respondent's counsel was Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00546-0 Date issued/filed: 2018-10-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/07/2018) regarding 34 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00546-UNJ Document 43 Filed 10/22/18 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-546V Filed: August 7, 2018 UNPUBLISHED SKY SORENSEN, Special Processing Unit (SPU); Joint Stipulation on Damages; Human Petitioner, Papillomavirus (HPV) Vaccine; v. Shoulder Injury Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 18, 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 caused by the administration of her September 23, 2016 human papilloma virus (“HPV”) vaccine. Petition at 1; Stipulation, filed August 7, 2018, at ¶ 4. Petitioner further alleges that she suffered residual effects of this injury 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 alleged vaccine injury. Petition at 3; Stipulation at ¶¶ 4-5. “Respondent denies that the HPV vaccine caused petitioner to suffer a shoulder injury or any other injury or her current condition. ” Stipulation at ¶ 6. Nevertheless, on August 7, 2018, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00546-UNJ Document 43 Filed 10/22/18 Page 2 of 7 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 $30,000.00 in the form of a check payable to petitioner; and • A lump sum payment of $1,495.37, representing compensation of a State of Oregon Medicaid lien, in the form of a check, payable jointly to petitioner, Sky Sorensen, and: PacificSource Health Plans PO Box 7068 Springfield, OR 97475 Re: Sky Sorensen 800040196-00 Petitioner agrees to endorse this payment to PacificSource Health Plans. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under 42 U.S.C. § 300aa-15(a). 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-00546-UNJ Document 43 Filed 10/22/18 Page 3 of 7 Case 1:17-vv-00546-UNJ Document 43 Filed 10/22/18 Page 4 of 7 Case 1:17-vv-00546-UNJ Document 43 Filed 10/22/18 Page 5 of 7 Case 1:17-vv-00546-UNJ Document 43 Filed 10/22/18 Page 6 of 7 Case 1:17-vv-00546-UNJ Document 43 Filed 10/22/18 Page 7 of 7