VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00993
Package ID: USCOURTS-cofc-1_17-vv-00993
Petitioner: Jamie Miller
Filed: 2017-07-24
Decided: 2019-07-29
Vaccine: influenza
Vaccination date: 2016-10-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) and chronic regional pain syndrome (CRPS)
Outcome: compensated
Award amount USD: 71785

AI-assisted case summary:
Jamie Miller filed a petition for compensation under the National Vaccine Injury Compensation Program on July 24, 2017, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) and chronic regional pain syndrome (CRPS) as a result of receiving an influenza vaccine on October 6, 2016. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injuries. The parties, maintaining their respective positions, reached a stipulation to settle the case. Special Master Thomas L. Gowen adopted the stipulation, awarding compensation to the petitioner. The award included a lump sum payment of $17,785.90 to satisfy a State of Maryland Medicaid lien, payable jointly to Jamie Miller and Optum. Additionally, a lump sum of $70,000.00 was awarded to Jamie Miller for all remaining damages. The total award amounted to $71,785.90. The decision was filed on July 29, 2019. Petitioner's counsel was Leah V. Durant of the Law Offices of Leah V. Durant, PLLC. Respondent's counsel was Althea W. Davis of the Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of injury. The specific medical experts consulted by either party are not named in the public decision.

Theory of causation field:
Petitioner Jamie Miller alleged that an influenza vaccine administered on October 6, 2016, caused Shoulder Injury Related to Vaccine Administration (SIRVA) and chronic regional pain syndrome (CRPS). The respondent denied causation. The parties reached a stipulation for award, settling the case without a determination of causation. The stipulation awarded $17,785.90 for a Medicaid lien and $70,000.00 for all remaining damages, totaling $71,785.90. Special Master Thomas L. Gowen issued the decision based on the stipulation on July 29, 2019. Petitioner was represented by Leah V. Durant, and respondent by Althea W. Davis. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00993-0
Date issued/filed: 2019-08-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/29/2019) regarding 50 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made.
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Case 1:17-vv-00993-UNJ Document 51 Filed 08/23/19 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: July 29, 2019
* * * * * * * * * * * * * * * * * * * * *
JAMIE MILLER, * UNPUBLISHED
*
* No. 17-993V
Petitioner, *
v. * Special Master Gowen
*
SECRETARY OF HEALTH * Influenza (“flu”); Shoulder Injury Related
AND HUMAN SERVICES, * to Vaccine Administration (“SIRVA”);
* Chronic Regional Pain Syndrome (“CRPS”);
* Stipulation for Award.
Respondent. *
* * * * * * * * * * * * * * * * * * * * *
Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner.
Althea W. Davis, Department of Justice, Washington, D.C., for respondent.
DECISION FOR STIPULATION1
On July 24, 2017, Jamie Miller (“petitioner”) filed a petitioner for compensation under
the National Vaccine Injury Compensation Program.2 Petition at Preamble. Petitioner received
an influenza (“flu”) vaccine on October 6, 2016. Id.; Stipulation at ¶ 2. Petitioner alleged that as
a result of receiving the flu vaccination, she suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”) and chronic regional pain syndrome (“CRPS”). Id.; Stipulation at ¶
4.
On July 29, 2019, respondent filed a stipulation providing that a decision should be
entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that
1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a
reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of
Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the
opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s
website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party:
(1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of
privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the
decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the
court’s website without any changes. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine
Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012)
(Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. §
300aa.

Case 1:17-vv-00993-UNJ Document 51 Filed 08/23/19 Page 2 of 7
petitioner’s alleged injuries are caused by the flu vaccine. Id. at ¶ 6. Maintaining their
respective positions, the parties nevertheless now agree that the issues between them shall be
settled and that a decision should be entered awarding compensation to petitioner according to
the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7.
The stipulation awards:
1) A lump sum payment of $17,785.90 representing compensation for satisfaction of
the State of Maryland Medicaid lien, in the form of a check payable jointly to
petitioner and
Optum
75 Remittance Drive
Suite 6019
Chicago, IL 60675-6019
Tax ID # 41-1858498
Case ID: 34253356
Petitioner agrees to endorse this payment to Optum and;
2) A lump sum of $70,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all remaining damages that would be
available under 42 U.S.C. §300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount
and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDMENT in
accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule
11(a).

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