VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00562 Package ID: USCOURTS-cofc-1_17-vv-00562 Petitioner: Deborah Knight Filed: 2017-04-24 Decided: 2019-02-06 Vaccine: influenza Vaccination date: 2016-09-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 133300 AI-assisted case summary: On April 24, 2017, Deborah Knight filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered into her right shoulder on September 13, 2016. Ms. Knight stated that the vaccine was administered in the United States, her injuries lasted for more than six months, and she had not filed a civil action or received other compensation for her injuries. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner to suffer a SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on December 21, 2018. The Chief Special Master, Nora Beth Dorsey, found the stipulation to be reasonable and adopted it as the decision of the Court. The decision awarded Deborah Knight a lump sum of $133,300.00, representing compensation for all items of damages available under the Vaccine Act. The clerk was directed to enter judgment in accordance with this decision. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Sarah Christina Duncan. Theory of causation field: Petitioner Deborah Knight alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 13, 2016. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $133,300.00. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, and expert testimony are not described in the provided public text. The theory of causation is based on the joint stipulation rather than a litigated finding of fact or law. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00562-0 Date issued/filed: 2019-02-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/2018) regarding 59 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00562-UNJ Document 63 Filed 02/06/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-0562V Filed: December 21, 2018 UNPUBLISHED DEBORAH KNIGHT, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND Related to Vaccine Administration HUMAN SERVICES, (SIRVA) Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On April 24, 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 vaccine administered into her right shoulder on September 13, 2016. Petition at 1; Stipulation, filed December 21, 2018, at ¶¶ 1-4. Petitioner further alleges that the vaccine was administered in the United States, that her injuries have lasted for more than six months, and she has not filed a civil action or received compensation in the form of an award or civil settlement for her injuries. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer a SIRVA or any other injury.” Stipulation at ¶ 6. 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-00562-UNJ Document 63 Filed 02/06/19 Page 2 of 7 Nevertheless, on December 21, 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 $133,300.00 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-00562-UNJ Document 63 Filed 02/06/19 Page 3 of 7 Case 1:17-vv-00562-UNJ Document 63 Filed 02/06/19 Page 4 of 7 Case 1:17-vv-00562-UNJ Document 63 Filed 02/06/19 Page 5 of 7 Case 1:17-vv-00562-UNJ Document 63 Filed 02/06/19 Page 6 of 7 Case 1:17-vv-00562-UNJ Document 63 Filed 02/06/19 Page 7 of 7