VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-02013 Package ID: USCOURTS-cofc-1_17-vv-02013 Petitioner: Crystal Hill Filed: 2017-12-21 Decided: 2022-04-27 Vaccine: influenza Vaccination date: 2016-12-01 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Crystal Hill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 1, 2016. She claimed residual effects lasting more than six months and confirmed no prior civil action or award. 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 sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on March 29, 2022, agreeing that compensation should be awarded. The Special Master found the stipulation reasonable and adopted it as the Court's decision. Crystal Hill was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the award was based on the joint stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-02013-0 Date issued/filed: 2022-04-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/29/2022) regarding 67 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (tkp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-02013-UNJ Document 68 Filed 04/27/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-2013V Filed: March 29, 2022 UNPUBLISHED CRYSTAL HILL, Petitioner, Joint Stipulation on Damages; v. Influenza (“Flu”) vaccine; Shoulder Injury Related to Vaccine SECRETARY OF HEALTH AND Administration (“SIRVA”) HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for petitioner. Tyler King , U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 21, 2017, petitioner 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”) following receipt of an influenza (“flu”) vaccine on December 1, 2016. Petition at 1; Stipulation, filed March 29, 2022, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 6; 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, denies that her current condition is a sequelae of a vaccine related injury. ” Stipulation at ¶ 6. 1 Because this decision contains a reasoned explanation for the special master’s action in this case, it will be posted on the United States Court of Federal Claims’ website in accordance with the E-Government Act of 2002. See 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 the special master, upon review, agrees that the identified material fits within this definition, it will be redacted 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-02013-UNJ Document 68 Filed 04/27/22 Page 2 of 7 Nevertheless, on March 29, 2022, 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 the decision of the Court in 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 $40,000.00 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 § 15(a). Id. 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/Daniel T. Horner Daniel T. Horner 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-02013-UNJ Document 68 Filed 04/27/22 Page 3 of 7 Case 1:17-vv-02013-UNJ Document 68 Filed 04/27/22 Page 4 of 7 Case 1:17-vv-02013-UNJ Document 68 Filed 04/27/22 Page 5 of 7 Case 1:17-vv-02013-UNJ Document 68 Filed 04/27/22 Page 6 of 7 Case 1:17-vv-02013-UNJ Document 68 Filed 04/27/22 Page 7 of 7