VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01256 Package ID: USCOURTS-cofc-1_17-vv-01256 Petitioner: Lynn Johnson Filed: 2017-09-14 Decided: 2019-04-17 Vaccine: influenza (flu) Vaccination date: Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Petitioner Lynn Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 14, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine. Petitioner further alleged that her injuries persisted for over six months, that she received the vaccine in the United States, and that she had not brought an action for, or received compensation for, her vaccine-related injuries. Respondent denied that the flu vaccination caused petitioner's SIRVA or any other injury. On February 22, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Lynn Johnson was awarded a lump sum of $70,000.00 in compensation for all items of damages. The decision was issued on April 17, 2019. Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. Theory of causation field: Petitioner Lynn Johnson filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine. The petition stated the injury persisted for over six months. Respondent denied causation. The parties filed a joint stipulation on February 22, 2019, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $70,000.00 as a lump sum for all damages. The decision was issued on April 17, 2019. The specific theory of causation, medical experts, clinical details of the injury, onset, symptoms, treatments, and the mechanism of injury were not described in the public decision, as the case was resolved by stipulation. Petitioner was represented by Isaiah Richard Kalinowski, and respondent by Claudia Barnes Gangi. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01256-0 Date issued/filed: 2019-04-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/25/2019) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01256-UNJ Document 48 Filed 04/17/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1256V Filed: February 25, 2019 UNPUBLISHED LYNN JOHNSON, 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. Isaiah Richard Kalinowski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Claudia Barnes Gangi, 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”). Petition at 1-6; Stipulation, filed February 22, 2019, at ¶¶ 1-4. Petitioner further alleges that her injuries persisted for over six months, she received the vaccine in the United States, and she has not brought an action for, or received compensation in the form of an award or settlement for, her vaccine-related injuries. Petition at 1-6; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccination caused petitioner’s SIRVA or any other injury or her current condition.” 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-01256-UNJ Document 48 Filed 04/17/19 Page 2 of 7 Nevertheless, on February 22, 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 $70,000.00 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-01256-UNJ Document 48 Filed 04/17/19 Page 3 of 7 Case 1:17-vv-01256-UNJ Document 48 Filed 04/17/19 Page 4 of 7 Case 1:17-vv-01256-UNJ Document 48 Filed 04/17/19 Page 5 of 7 Case 1:17-vv-01256-UNJ Document 48 Filed 04/17/19 Page 6 of 7 Case 1:17-vv-01256-UNJ Document 48 Filed 04/17/19 Page 7 of 7