VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01735 Package ID: USCOURTS-cofc-1_17-vv-01735 Petitioner: Joellen Marie Graef Filed: 2017-11-03 Decided: 2021-02-05 Vaccine: influenza Vaccination date: 2014-11-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 70000 AI-assisted case summary: Joellen Marie Graef filed a petition on November 3, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 12, 2014. She claimed the injury occurred within the time period set forth in the Vaccine Injury Table or was otherwise caused by the vaccine, and that she experienced residual effects for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 14, 2020, agreeing to an award of compensation. Chief Special Master Corcoran found the stipulation reasonable and awarded Joellen Marie Graef a lump sum of $70,000.00 for all items of damages. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01735-0 Date issued/filed: 2021-02-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/14/2020) regarding 46 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01735-UNJ Document 50 Filed 02/05/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1735V UNPUBLISHED JOELLEN MARIE GRAEF, Chief Special Master Corcoran Petitioner, Filed: December 14, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 3, 2017, Joellen Marie Graef 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 result of an influenza vaccination received on November 12, 2014. Petition at 1; Stipulation, filed at December 14, 2020, ¶¶ 1-2. Petitioner further alleges she sustained a SIRVA within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. Stipulation at ¶ 4. She further alleges that she experienced the residual effects of this condition for more than six months. Id. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela 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-01735-UNJ Document 50 Filed 02/05/21 Page 2 of 7 Nevertheless, on December 14, 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 $70,000.00 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-01735-UNJ Document 50 Filed 02/05/21 Page 3 of 7 Case 1:17-vv-01735-UNJ Document 50 Filed 02/05/21 Page 4 of 7 Case 1:17-vv-01735-UNJ Document 50 Filed 02/05/21 Page 5 of 7 Case 1:17-vv-01735-UNJ Document 50 Filed 02/05/21 Page 6 of 7 Case 1:17-vv-01735-UNJ Document 50 Filed 02/05/21 Page 7 of 7