VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00551 Package ID: USCOURTS-cofc-1_17-vv-00551 Petitioner: Kim Saffran Filed: 2017-04-20 Decided: 2019-05-29 Vaccine: influenza Vaccination date: 2014-11-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Kim Saffran filed a petition on April 20, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 5, 2014. She further alleged that her injury lasted for more than six months. The respondent denied that the flu vaccine caused her SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation on March 19, 2019, agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Kim Saffran was awarded a lump sum of $65,000.00 as compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Kenneth J. Steinberg and respondent was represented by Traci R. Patton. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Kim Saffran alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 5, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which the Chief Special Master Nora Beth Dorsey adopted. The stipulation resulted in a $65,000.00 lump sum award for all damages. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Kenneth J. Steinberg and respondent by Traci R. Patton. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00551-0 Date issued/filed: 2019-05-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/19/2019) regarding 38 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00551-UNJ Document 44 Filed 05/29/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0551V Filed: March 19, 2019 UNPUBLISHED KIM SAFFRAN, 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. Kenneth J. Steinberg, Law Offices, Durham, NC, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 20, 2017, Kim Saffran (“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”) vaccine she received to her left shoulder on November 5, 2014. Petition at 1-2; Stipulation, filed March 19, 2019, at ¶ 4. Petitioner further alleges that she suffered her vaccine-related injury for more than six months. Petition at 2. “Respondent denies that a flu vaccine caused petitioner to suffer a SIRVA or any other injury or condition.” Stipulation at ¶ 6. Nevertheless, on March 19, 2019, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned 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-00551-UNJ Document 44 Filed 05/29/19 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 $65,000.00, 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-00551-UNJ Document 44 Filed 05/29/19 Page 3 of 7 Case 1:17-vv-00551-UNJ Document 44 Filed 05/29/19 Page 4 of 7 Case 1:17-vv-00551-UNJ Document 44 Filed 05/29/19 Page 5 of 7 Case 1:17-vv-00551-UNJ Document 44 Filed 05/29/19 Page 6 of 7 Case 1:17-vv-00551-UNJ Document 44 Filed 05/29/19 Page 7 of 7