VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01054 Package ID: USCOURTS-cofc-1_17-vv-01054 Petitioner: Beth Larrington Filed: 2017-08-03 Decided: 2021-10-26 Vaccine: influenza Vaccination date: 2014-12-30 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Beth Larrington filed a petition on August 3, 2017, alleging that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on December 30, 2014. The respondent denied that Ms. Larrington sustained a SIRVA Table injury. The parties, however, reached a settlement agreement. Respondent agreed to pay Ms. Larrington a lump sum of $12,500.00 as compensation for all damages. Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation amount. The case was settled via joint stipulation. Petitioner was represented by Jeffrey S. Pop, Esq., and respondent was represented by Sarah C. Duncan, Esq. The decision was issued on October 26, 2021. Theory of causation field: Petitioner Beth Larrington alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on December 30, 2014. Respondent denied a SIRVA Table injury. The parties reached a joint stipulation for settlement. The case was resolved via joint stipulation, with respondent agreeing to a lump sum payment of $12,500.00 to petitioner for all damages. Special Master Mindy Michaels Roth adopted the stipulation. The theory of causation was based on the "Table" for SIRVA. Petitioner counsel was Jeffrey S. Pop, Esq., and respondent counsel was Sarah C. Duncan, Esq. The decision date was October 26, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01054-0 Date issued/filed: 2021-10-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 9/28/2021) regarding 56 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1054V Filed: September 28, 2021 * * * * * * * * * * * * * BETH LARRINGTON, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Shoulder Injury Related to v. * Vaccine Administration * (“SIRVA”); Influenza (“Flu”). SECRETARY OF HEALTH * Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Jeffrey S. Pop, Esq., Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Sarah C. Duncan, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On August 3, 2017, Beth Larrington [“Ms. Larrington” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered from a left Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on December 30, 2014. Stipulation, filed September 28, 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id. 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). 1 Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 2 of 7 2021 at ¶¶ 1-4. Respondent denies that petitioner sustained a SIRVA Table injury. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On September 28, 2021, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $12,500.00 in the form of a check payable to petitioner, Beth Larrington. This amount represents compensation for all damages that would be available under § 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 is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 3 of 7 Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 4 of 7 Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 5 of 7 Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 6 of 7 Case 1:17-vv-01054-UNJ Document 60 Filed 10/26/21 Page 7 of 7