VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00960 Package ID: USCOURTS-cofc-1_17-vv-00960 Petitioner: Sharifah Wilson Filed: 2017-07-17 Decided: 2018-12-14 Vaccine: influenza Vaccination date: 2016-10-15 Condition: brachial neuritis and a left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Sharifah Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2017. She alleged that she suffered from brachial neuritis and a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 15, 2016. Ms. Wilson further alleged that the vaccine was administered in the United States, that she has suffered the residual effects of her alleged injuries for more than six months, and that she has not received any compensation for her vaccine-related injuries. The respondent denied that the flu vaccine caused Ms. Wilson's alleged injuries and residual effects. However, on December 14, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Ms. Wilson was awarded a lump sum of $100,000.00, payable by check to petitioner, representing compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner's counsel was Lawrence R. Cohan of Anapol Weiss, and respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Sharifah Wilson alleged that an influenza vaccine administered on October 15, 2016, caused brachial neuritis and a left shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. The Chief Special Master adopted the stipulation, awarding $100,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the award implies acceptance of a potential link between the vaccine and the alleged SIRVA and brachial neuritis. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00960-0 Date issued/filed: 2019-01-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/18/2018) regarding 45 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00960-UNJ Document 50 Filed 01/17/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-960V Filed: December 18, 2018 UNPUBLISHED SHARIFAH WILSON, 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); Brachial Neuritis Respondent. Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On July 17, 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 from brachial neuritis and a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on October 15, 2016. Petition at 1; Stipulation, filed December 14, 2018, at ¶ 4. Petitioner further alleges that the vaccine was administered in the United States, that she has suffered the residual effects of her alleged injuries for more than six months, and that she has not received any compensation in the form of award or civil settlement for her vaccine-related injuries. Petition at 1, 7; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged injuries and residual effects were caused by the flu vaccine.” 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-00960-UNJ Document 50 Filed 01/17/19 Page 2 of 7 Nevertheless, on December 14, 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 $100,000.00 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-00960-UNJ Document 50 Filed 01/17/19 Page 3 of 7 Case 1:17-vv-00960-UNJ Document 50 Filed 01/17/19 Page 4 of 7 Case 1:17-vv-00960-UNJ Document 50 Filed 01/17/19 Page 5 of 7 Case 1:17-vv-00960-UNJ Document 50 Filed 01/17/19 Page 6 of 7 Case 1:17-vv-00960-UNJ Document 50 Filed 01/17/19 Page 7 of 7