VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01932 Package ID: USCOURTS-cofc-1_17-vv-01932 Petitioner: Deanna Drayton Filed: 2017-12-12 Decided: 2020-07-16 Vaccine: influenza Vaccination date: 2016-11-14 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 90289 AI-assisted case summary: Deanna Drayton filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine administered on November 14, 2016. She further alleged that she experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury and denied that the vaccine caused her alleged injury. Nevertheless, on June 16, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The award included a lump sum of $6,289.54 payable jointly to Petitioner and the Department of Social Services for a lien, and a lump sum of $84,000.00 payable to Petitioner, totaling $90,289.54 for all items of damages. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01932-0 Date issued/filed: 2020-07-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/16/2020) regarding 78 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 82 replaced on 7/20/2020 to correct PDF) (sw). -------------------------------------------------------------------------------- Case 1:17-vv-01932-UNJ Document 82 Filed 07/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1932V UNPUBLISHED DEANNA DRAYTON, Chief Special Master Corcoran Petitioner, Filed: June 16, 2020, v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 12, 2017, Deanna Drayton filed a 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 November 14, 2016. Petition at 1; Stipulation, issued at June 16, 2020, ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Stipulation at ¶ 4. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, and further denies that the vaccine caused her alleged shoulder injury or any other injury or condition .” Stipulation at ¶ 6. Nevertheless, on June 16, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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-01932-UNJ Document 82 Filed 07/16/20 Page 2 of 7 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. A lump sum of $6,289.54 in the form of a check payable jointly to Petitioner and DEPARTMENT OF SOCIAL SERVICES c/o New York City Human Resources Administration Division of Liens and Recovery P.O. Box 414799 Boston, MA 02241-4799 Case Number: 869773 Petitioner agrees to endorse this check to New York City Department of Social Services. b. A lump sum of $84,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under § 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-01932-UNJ Document 82 Filed 07/16/20 Page 3 of 7 Case 1:17-vv-01932-UNJ Document 82 Filed 07/16/20 Page 4 of 7 Case 1:17-vv-01932-UNJ Document 82 Filed 07/16/20 Page 5 of 7 Case 1:17-vv-01932-UNJ Document 82 Filed 07/16/20 Page 6 of 7 Case 1:17-vv-01932-UNJ Document 82 Filed 07/16/20 Page 7 of 7