VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01536 Package ID: USCOURTS-cofc-1_17-vv-01536 Petitioner: Stacy Hendrick Filed: 2020-11-05 Decided: 2020-12-09 Vaccine: influenza Vaccination date: 2014-10-28 Condition: left shoulder injury related to vaccination administration (SIRVA) Outcome: compensated Award amount USD: 59000 AI-assisted case summary: Stacy Hendrick filed a petition on November 5, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 28, 2014. She further alleged that her injury lasted longer than six months. The respondent denied that Ms. Hendrick sustained a Table SIRVA or that the flu vaccine caused her injury. Despite the respondent's denial, the parties filed a joint stipulation on November 4, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. Ms. Hendrick was awarded a lump sum of $59,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on December 9, 2020. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice. Theory of causation field: Petitioner Stacy Hendrick alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 28, 2014, with an injury duration exceeding six months. Respondent denied a Table SIRVA and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation. The award was a lump sum of $59,000.00. Decision date: December 9, 2020. Petitioner's counsel: Jeffrey S. Pop. Respondent's counsel: Catherine Elizabeth Stolar. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01536-0 Date issued/filed: 2020-12-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/05/2020) regarding 58 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01536-UNJ Document 62 Filed 12/09/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1536V UNPUBLISHED STACY HENDRICK, Chief Special Master Corcoran Petitioner, Filed: November 5, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 16, 2017, Stacy Hendrick 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 left shoulder injury related to vaccination administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on October 28, 2014. Petition at 1; Stipulation, filed at November 4, 2020, ¶¶ 4, 6. Petitioner further alleges that her injury has lasted longer than six months. Petition at 4; Stipulation at ¶4, 6 . “Respondent denies that petitioner sustained a Table SIRVA and denies that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury.” Stipulation at ¶ 6. Nevertheless, on November 4, 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. 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-01536-UNJ Document 62 Filed 12/09/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $59,000.00, 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-01536-UNJ Document 62 Filed 12/09/20 Page 3 of 7 Case 1:17-vv-01536-UNJ Document 62 Filed 12/09/20 Page 4 of 7 Case 1:17-vv-01536-UNJ Document 62 Filed 12/09/20 Page 5 of 7 Case 1:17-vv-01536-UNJ Document 62 Filed 12/09/20 Page 6 of 7 Case 1:17-vv-01536-UNJ Document 62 Filed 12/09/20 Page 7 of 7