VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-01953 Package ID: USCOURTS-cofc-1_17-vv-01953 Petitioner: Christine Rayner Filed: 2020-07-20 Decided: 2020-08-25 Vaccine: influenza Vaccination date: 2016-10-02 Condition: adhesive capsulitis of her left shoulder Outcome: compensated Award amount USD: 47000 AI-assisted case summary: Christine Rayner filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2020, alleging injury from an influenza vaccine received on October 2, 2016. She claimed to have suffered from adhesive capsulitis of her left shoulder, resulting in pain and deficits for more than six months. Respondent denied that the flu vaccine caused her condition or significantly aggravated any pre-existing condition, and specifically denied that she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table. Despite the denial, the parties filed a joint stipulation on July 16, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Christine Rayner was awarded a lump sum of $47,000.00 to cover all items of damages. The decision was issued on August 25, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-01953-0 Date issued/filed: 2020-08-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/20/2020) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-01953-UNJ Document 50 Filed 08/25/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-1953V UNPUBLISHED CHRISTINE RAYNER, Chief Special Master Corcoran Petitioner, Filed: July 20, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 15, 2017, Christine Rayner 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 injuries resulting from adverse effects of a vaccination she received on October 2, 2016. Petition at 1; Stipulation, filed at July 16, 2020, ¶¶ 1-2. Petitioner further alleges that the vaccine was administered in the United States, she suffered “pain and deficits from adhesive capsulitis” of her left shoulder as a result of the flu vaccine for more than six months, and 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, 3; Stipulation at ¶¶ 3-5. “Respondent denies that the flu immunization caused petitioner to suffer adhesive capsulitis or any other injury or condition, and denies that the vaccine significantly aggravated any pre-existing condition. Respondent further denies that petitioner sustained a Shoulder Injury Related to Vaccine Administration, as defined in the Table.” 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-01953-UNJ Document 50 Filed 08/25/20 Page 2 of 7 Nevertheless, on July 16, 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 $47,000.00 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-01953-UNJ Document 50 Filed 08/25/20 Page 3 of 7 Case 1:17-vv-01953-UNJ Document 50 Filed 08/25/20 Page 4 of 7 Case 1:17-vv-01953-UNJ Document 50 Filed 08/25/20 Page 5 of 7 Case 1:17-vv-01953-UNJ Document 50 Filed 08/25/20 Page 6 of 7 Case 1:17-vv-01953-UNJ Document 50 Filed 08/25/20 Page 7 of 7