VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01873 Package ID: USCOURTS-cofc-1_17-vv-01873 Petitioner: Bailey McCammon Filed: 2017-12-04 Decided: 2021-02-23 Vaccine: influenza Vaccination date: 2015-10-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60883 AI-assisted case summary: Bailey McCammon filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 5, 2015. The petition stated that the vaccine was administered in the United States, that the residual effects of the condition lasted more than six months, and that there had been no prior award or settlement for this condition. Respondent denied that Ms. McCammon 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 sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 30, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. McCammon was awarded a total of $60,883.22, consisting of $2,883.22 to satisfy a lien for services rendered and $58,000.00 for all remaining items of damages. The decision was entered on February 23, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01873-0 Date issued/filed: 2021-02-23 Pages: 8 Docket text: **RE-DOCKETED 55 FOR PUBLICATION**PUBLIC DECISION (Originally filed: 12/30/2020) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (fm) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01873-UNJ Document 56 Filed 02/23/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1873V UNPUBLISHED BAILEY MCCAMMON, Chief Special Master Corcoran Petitioner, Filed: December 30, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 4, 2017, Bailey McCammon 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 a result of an influenza (“flu”) vaccine administered on October 5, 2015. Petition at 1; Stipulation, filed on December 30, 2020, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered within the United States; that she experienced the residual effects of her condition for more than six months; and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “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 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-01873-UNJ Document 56 Filed 02/23/21 Page 2 of 8 Nevertheless, on December 30, 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 $2,883.22, which amount represents full satisfaction of a lien for services rendered on behalf of Petitioner, in the form of a check payable jointly to Petitioner and MDwise 2 Pierce Place, Suite 1900 Itasca, IL 60143 Case #: 3261654 Petitioner agrees to endorse this payment to the appropriate State agency. • A lump sum of $58,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. This amount represents compensation for all remaining items of damages that would be available under Section 15(a). 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-01873-UNJ Document 56 Filed 02/23/21 Page 3 of 8 Case 1:17-vv-01873-UNJ Document 56 Filed 02/23/21 Page 4 of 8 Case 1:17-vv-01873-UNJ Document 56 Filed 02/23/21 Page 5 of 8 Case 1:17-vv-01873-UNJ Document 56 Filed 02/23/21 Page 6 of 8 Case 1:17-vv-01873-UNJ Document 56 Filed 02/23/21 Page 7 of 8 Case 1:17-vv-01873-UNJ Document 56 Filed 02/23/21 Page 8 of 8