VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01463 Package ID: USCOURTS-cofc-1_17-vv-01463 Petitioner: Genevieve Mergen-Barret Filed: 2017-12-15 Decided: 2022-03-14 Vaccine: influenza Vaccination date: 2014-10-08 Condition: allergic reaction and a shoulder injury Outcome: compensated Award amount USD: 42500 AI-assisted case summary: Genevieve Mergen-Barret filed a petition on December 15, 2017, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine received on October 8, 2014, caused an allergic reaction and a shoulder injury. The respondent denied that the petitioner sustained a shoulder injury as defined by the Vaccine Injury Table within the Table time period and further denied that the vaccine caused the alleged shoulder injury or any other injury or condition. Despite these denials, both parties agreed to settle the case through a joint stipulation filed on December 14, 2021. The stipulation stated that the issues could be settled and that a decision should be entered awarding the petitioner compensation. Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as her decision. The stipulation awarded Genevieve Mergen-Barret a lump sum of $42,500.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision was made on March 14, 2022. Petitioner was represented by Joshua Whisler of The Whisler Law Firm, and respondent was represented by Camille Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Genevieve Mergen-Barret alleged that an influenza vaccine administered on October 8, 2014, caused an allergic reaction and a shoulder injury. Respondent denied that the alleged shoulder injury met the criteria for a Table injury within the Table time period and denied that the vaccine caused the alleged injury or any other condition. The parties resolved the case via joint stipulation, agreeing to a settlement award. The Special Master adopted the stipulation, awarding $42,500.00 to the petitioner. The theory of causation was "Off-Table" as the parties stipulated to a resolution without a determination of Table eligibility or specific causation. The public decision does not name experts or detail the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01463-1 Date issued/filed: 2022-03-14 Pages: 7 Docket text: PUBLIC RULING (Originally filed: 12/15/2021) regarding 83 DECISION: Stipulation. Signed by Special Master Katherine E. Oler. (nvb) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01463-UNJ Document 87 Filed 03/14/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1463V (not to be published) * * * * * * * * * * * * * * * * * * * * * * * * * * * * GENEVIEVE MERGEN-BARRET, * * Filed: December 15, 2021 Petitioner, * * * v. * Decision by Stipulation; Damages; * Influenza (“Flu”) Vaccine; Allergic SECRETARY OF HEALTH AND * Reaction; Shoulder Injury. HUMAN SERVICES, * * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * * Joshua Whisler, The Whisler Law Firm, Boca Raton, FL, for Petitioner Camille Collett, U.S. Department of Justice, Washington, DC, for Respondent DECISION ON JOINT STIPULATION1 On October 6, 2017, Genevieve Mergen-Barret (“Petitioner”) filed a petition, seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from an allergic reaction and a shoulder injury that was caused-in-fact by the influenza (“flu”) vaccination she received on October 8, 2014. See Stipulation ¶ 2, 4, dated December 14, 2021 (ECF No. 82); see also Petition. Respondent denies “that petitioner sustained a shoulder injury as defined by the Vaccine 1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 (2012). This means the Decision will be available to anyone with access to the internet. As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request 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). Otherwise, the Decision in its present form will be available. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter “Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the pertinent subparagraph of 42 U.S.C. § 300aa. Case 1:17-vv-01463-UNJ Document 87 Filed 03/14/22 Page 2 of 7 Injury Table within the Table time period, and further denies that the vaccine caused petitioner’s alleged should injury or any other injury or condition.” See Stipulation ¶ 6. Nonetheless, both parties, while maintaining their above-stated positions, agreed in a stipulation filed December 14, 2021 that the issues before them can be settled and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: a lump sum of $42,500.00 in the form of a check payable to petitioner. Stipulation ¶ 8. This award represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. s/ Katherine E. Oler Katherine E. Oler Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice renouncing their right to seek review. 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