VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01159 Package ID: USCOURTS-cofc-1_17-vv-01159 Petitioner: Gloria Manuel Filed: 2017-08-28 Decided: 2019-10-09 Vaccine: influenza Vaccination date: 2015-11-03 Condition: shoulder injury related to vaccination administration (SIRVA) Outcome: compensated Award amount USD: 17250 AI-assisted case summary: Gloria Manuel filed a petition for compensation on August 28, 2017, alleging that the influenza vaccine she received on November 3, 2015, caused her to suffer from a shoulder injury related to vaccination administration (SIRVA). She further alleged that she experienced residual effects of this injury for more than six months. Respondent denied that the vaccine caused the injury. The parties, represented by Andrew Downing for the petitioner and Adriana Teitel for the respondent, reached a joint stipulation for compensation. Special Master Christian J. Moran reviewed and adopted the stipulation. The decision directed the clerk to enter judgment according to the stipulation and decision. The stipulation awarded Gloria Manuel a lump sum payment of $17,250.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. Theory of causation field: Petitioner Gloria Manuel alleged that the influenza vaccine administered on November 3, 2015, caused a shoulder injury related to vaccination administration (SIRVA), which is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. The stipulation awarded a lump sum of $17,250.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Attorneys for the parties were Andrew Downing and Adriana Teitel. The decision date was October 9, 2019. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01159-0 Date issued/filed: 2019-10-09 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 09/16/2019) regarding 44 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (hh) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01159-UNJ Document 50 Filed 10/09/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * GLORIA MANUEL, * * No. 17-1159V Petitioner, * Special Master Christian J. Moran * v. * * Filed: September 16, 2019 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Andrew Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner; Adriana Teitel, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On September 6, 2019, the parties filed a joint stipulation concerning the petition for compensation filed by Gloria Manuel on August 28, 2017. Petitioner alleged that the influenza vaccine she received on November 3, 2015, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a shoulder injury related to vaccination administration (“SIRVA”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine caused petitioner to suffer from SIRVA or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:17-vv-01159-UNJ Document 50 Filed 10/09/19 Page 2 of 2 Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $17,250.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment in case 17-1159V according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2