VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01253 Package ID: USCOURTS-cofc-1_17-vv-01253 Petitioner: Kehkahsan Khatoon Filed: 2017-09-14 Decided: 2019-02-27 Vaccine: influenza Vaccination date: 2014-09-19 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 18000 AI-assisted case summary: Kehkahsan Khatoon filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2017. The petition alleged that Ms. Khatoon suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 19, 2014. Ms. Khatoon further alleged that she had not received a prior award or settlement for this injury, that the vaccine was administered in the United States, and that she suffered residual effects of the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Khatoon's alleged SIRVA or any other injury. Despite the respondent's denial, on January 23, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms. Khatoon was awarded a lump sum of $18,000.00, payable by check to the petitioner. This amount was intended to represent compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision, unless a motion for review was filed. Scott William Rooney represented the petitioner, and Sarah Christina Duncan represented the respondent. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Theory of causation field: Petitioner Kehkahsan Khatoon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 19, 2014. The respondent denied causation. The parties filed a joint stipulation for compensation, which the Special Master adopted. The stipulation resulted in an award of $18,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was based on a joint stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01253-0 Date issued/filed: 2019-02-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/24/2019) regarding 64 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01253-UNJ Document 73 Filed 02/27/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1253V Filed: January 24, 2019 UNPUBLISHED KEHKAHSAN KHATOON, 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. Scott William Rooney, Nemes, Rooney P.C., Farmington Hills, MI, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 14, 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 vaccine administered on September 19, 2014. Petition at 2; Stipulation, filed January 23, 2019, at ¶¶ 1-4. Petitioner further alleges there has been no prior award or settlement of a civil action related to her alleged vaccine injury, that the vaccine was administered within the United States, and that she suffered the residual effects of her injury for more than six months. Petition at 2; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer a SIRVA 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-01253-UNJ Document 73 Filed 02/27/19 Page 2 of 7 Nevertheless, on January 23, 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 $18,000.00 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-01253-UNJ Document 73 Filed 02/27/19 Page 3 of 7 Case 1:17-vv-01253-UNJ Document 73 Filed 02/27/19 Page 4 of 7 Case 1:17-vv-01253-UNJ Document 73 Filed 02/27/19 Page 5 of 7 Case 1:17-vv-01253-UNJ Document 73 Filed 02/27/19 Page 6 of 7 Case 1:17-vv-01253-UNJ Document 73 Filed 02/27/19 Page 7 of 7