VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01335 Package ID: USCOURTS-cofc-1_17-vv-01335 Petitioner: Lindsey Denwiddie Filed: 2017-09-26 Decided: 2020-10-15 Vaccine: influenza Vaccination date: 2014-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 130000 AI-assisted case summary: Lindsey Denwiddie filed a petition on September 26, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2014. She claimed the injury met the criteria for a Table injury or was otherwise caused-in-fact by the vaccine. Respondent denied that Ms. Denwiddie sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denials, the parties filed a joint stipulation on September 11, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Denwiddie was awarded a lump sum of $130,000.00, representing compensation for all items of damages available under the Vaccine Act. Judgment was to be entered accordingly. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01335-0 Date issued/filed: 2020-10-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/14/2020) regarding 62 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01335-UNJ Document 65 Filed 10/15/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1335V UNPUBLISHED LINDSEY DENWIDDIE, Chief Special Master Corcoran Petitioner, Filed: September 14, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Heather Varney Menezes, Shaheen & Gordon, P.A., Manchester, NH, for petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 26, 2017, Lindsey Denwiddie 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 from a shoulder injury related to vaccine administration (“SIRVA”) which meets the Table definition or, in the alternative, was caused-in-fact by the influenza vaccine she received on October 2, 2014. Petition at ¶¶ 3, 19; Stipulation, filed at Sept. 11, 2020, ¶¶ 1-2, 4. Petitioner further alleges she received the vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 3, 14-16; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am 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). 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, I agree that the identified material fits within this definition, I will redact such material from public access. 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-01335-UNJ Document 65 Filed 10/15/20 Page 2 of 7 Nevertheless, on September 11, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $130,000.00 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 Section 15(a). Id. I approve 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/Brian H. Corcoran Brian H. Corcoran 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-01335-UNJ Document 65 Filed 10/15/20 Page 3 of 7 Case 1:17-vv-01335-UNJ Document 65 Filed 10/15/20 Page 4 of 7 Case 1:17-vv-01335-UNJ Document 65 Filed 10/15/20 Page 5 of 7 Case 1:17-vv-01335-UNJ Document 65 Filed 10/15/20 Page 6 of 7 Case 1:17-vv-01335-UNJ Document 65 Filed 10/15/20 Page 7 of 7