VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01441 Package ID: USCOURTS-cofc-1_17-vv-01441 Petitioner: Mary Tennesen Filed: 2017-10-05 Decided: 2020-02-19 Vaccine: influenza Vaccination date: 2014-10-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 72500 AI-assisted case summary: Mary Tennesen filed a petition for compensation under the National Vaccine Injury Program on October 5, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury but agreed to a settlement. The parties submitted a stipulation for an award, which Special Master Thomas L. Gowen adopted. The stipulation awarded Mary Tennesen a lump sum of $72,500.00, payable by check, to compensate for all damages, including pain and suffering, lost earnings, and past unreimbursable expenses. The decision was entered on February 19, 2020, and judgment was entered in accordance with the stipulation. Petitioner was represented by Ronald C. Homer of Conway, Homer, P.C., and respondent was represented by Adriana R. Teitel of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received. Theory of causation field: Petitioner Mary Tennesen alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 6, 2014. Respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The stipulation awarded petitioner $72,500.00 as a lump sum for all damages, including pain and suffering, lost earnings, and past unreimbursable expenses. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the basis for the settlement, other than the parties' agreement to resolve the case. Petitioner was represented by Ronald C. Homer and respondent by Adriana R. Teitel. The decision date was February 19, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01441-0 Date issued/filed: 2020-03-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/19/2020) regarding 61 DECISION Stipulation/Proffer Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: February 19, 2020 * * * * * * * * * * * * * MARY TENNESEN, * UNPUBLISHED * Petitioner, * No. 17-1441V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * Stipulation for Award; Influenza * (“flu”); Shoulder Injury Related to Respondent. * Vaccine Administration (“SIRVA”) * * * * * * * * * * * * * Ronald C. Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Adriana R. Teitel, U.S. Department of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On October 5, 2017, Mary Tennesen (“petitioner”) filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner received an influenza (“flu”) vaccine on October 6, 2014. Id. at ¶ 1; Stipulation at ¶ 2 (ECF No. 60). Petitioner alleged that as a result of receiving the flu vaccination, she suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at ¶2; Stipulation at ¶ 4. On February 19, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation at ¶ 7. Respondent denies that petitioner’s alleged injury was caused by the flu vaccine. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 2 of 7 that a decision should be entered awarding compensation to petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $72,500.00 in the form of a check payable to petitioner. This amount represents compensation for all damages, including pain and suffering, lost earnings and past unreimbursable expenses that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 3 of 7 Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 4 of 7 Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 5 of 7 Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 6 of 7 Case 1:17-vv-01441-UNJ Document 65 Filed 03/12/20 Page 7 of 7