VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01276 Package ID: USCOURTS-cofc-1_17-vv-01276 Petitioner: Jennifer Richey Filed: 2017-09-18 Decided: 2019-10-17 Vaccine: influenza Vaccination date: 2015-11-30 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 91500 AI-assisted case summary: Jennifer Richey filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 30, 2015 influenza vaccination. The respondent denied that Ms. Richey sustained a "Table injury" or that her alleged SIRVA and its residual effects were caused-in-fact by the flu vaccine. The parties, maintaining their respective positions, subsequently filed a joint stipulation agreeing to a settlement. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Pursuant to the stipulation, Ms. Richey was awarded a lump sum of $91,500.00 in compensation for all items of damages, payable to her. The decision was issued on October 17, 2019. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision. Theory of causation field: Petitioner Jennifer Richey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following her November 30, 2015 influenza vaccination. Respondent denied that the injury was a "Table injury" or that it was caused-in-fact by the vaccine. The parties reached a joint stipulation for settlement. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner a lump sum of $91,500.00 for all damages. The decision was issued on October 17, 2019. Petitioner was represented by Amber Diane Wilson, and respondent by Adriana Ruth Teitel. The public decision does not specify the mechanism of injury or detail expert testimony. The stipulation states that the award may reflect a compromise of the parties' respective positions on liability and/or damages. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01276-0 Date issued/filed: 2019-10-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/08/2019) regarding 40 DECISION Stipulation/Proffer Signed by Special Master Nora Beth Dorsey. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01276-UNJ Document 50 Filed 10/17/19 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1276V Filed: July 8, 2019 UNPUBLISHED JENNIFER RICHEY, 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. Amber Diane Wilson, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On September 18, 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 her November 30, 2015 influneza (“flu”) vaccination. See Petition at 1-3.; Stipulation, filed July 5, 2019, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. See Petition at ¶¶ 16, 18-19; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner[] sustained a Table injury, and further denies that [petitioner’s] alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine. Respondent further denies that 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-01276-UNJ Document 50 Filed 10/17/19 Page 2 of 7 the flu vaccine caused petitioner any other injury or her current condition.” Stipulation at ¶ 6. Nevertheless, on July 5, 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 $91,500.00 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-01276-UNJ Document 50 Filed 10/17/19 Page 3 of 7 IN THE UNITED ST AT ES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JENNIFER RICHEY, Petitioner, No. 17-1276V v. Chief Special Master Dorsey ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner Jennifer Richey ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received her flu immunization on November 30, 2015. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration ("SIRVA") as a consequence of the flu vaccine she received, and further alleges that she experienced the residual effects of her injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Case 1:17-vv-01276-UNJ Document 50 Filed 10/17/19 Page 4 of 7 6. Respondent denies that petitioner's sustained a Table injury, and further denies that alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine. Respondent further denies that the flu vaccine caused petitioner any other injury or her current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $91,500.00 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). 9. As soon as practicable after the entry of judgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including State compensation prograins, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis. 2 Case 1:17-vv-01276-UNJ Document 50 Filed 10/17/19 Page 5 of 7 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on November 30, 2015, as alleged by petitioner in her petition for vaccine compensation filed on September 18, 2017, in the United States Court of Federal Claims as petition No. 17-1276V. 14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Case 1:17-vv-01276-UNJ Document 50 Filed 10/17/19 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties her~to to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccination caused petitioner to suffer a shoulder injury or any other injury. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I I I I I I I I 4 Case 1:17-vv-01276-UNJ Document 50 Filed 10/17/19 Page 7 of 7 Respectfully submitted, PETITIONER: l·~ ,, ·~. ) ~ \°ERCY ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITI ER: OF THE ATTORNEY GENERAL: (c}:kt,tav~