VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01210 Package ID: USCOURTS-cofc-1_17-vv-01210 Petitioner: Elizabeth McCrabb Filed: 2017-09-07 Decided: 2019-08-29 Vaccine: influenza Vaccination date: 2015-11-16 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Elizabeth McCrabb filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 16, 2015. The petition stated that the vaccine was administered in the United States, her injuries lasted for more than six months, and no other action or compensation had been sought for these injuries. Respondent denied that the flu immunization caused petitioner’s alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on June 11, 2019, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Elizabeth McCrabb was awarded a lump sum of $85,000.00, representing compensation for all eligible damages. The clerk of the court was directed to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01210-0 Date issued/filed: 2019-08-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/13/2019) regarding 46 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01210-UNJ Document 56 Filed 08/29/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1210V Filed: June 13, 2019 UNPUBLISHED ELIZABETH MCCRABB, Petitioner, Special Processing Unit (SPU); Joint v. Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury SECRETARY OF HEALTH AND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. Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 7, 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 (“flu”) vaccine she received on November 16, 2015. Petition at 1; Stipulation, filed June 11, 2019, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, that her vaccine related injuries have lasted for more than six months, and that neither petitioner nor any other party has brought an action or received compensation for her vaccine-related injuries. Petition at 2-3; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization is the cause of petitioner’s alleged SIRVA and/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-01210-UNJ Document 56 Filed 08/29/19 Page 2 of 7 Nevertheless, on June 11, 2019, 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 $85,000.00 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-01210-UNJ Document 56 Filed 08/29/19 Page 3 of 7 Case 1:17-vv-01210-UNJ Document 56 Filed 08/29/19 Page 4 of 7 Case 1:17-vv-01210-UNJ Document 56 Filed 08/29/19 Page 5 of 7 Case 1:17-vv-01210-UNJ Document 56 Filed 08/29/19 Page 6 of 7 Case 1:17-vv-01210-UNJ Document 56 Filed 08/29/19 Page 7 of 7