VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00205 Package ID: USCOURTS-cofc-1_18-vv-00205 Petitioner: Sally Bellsnyder Filed: 2018-02-09 Decided: 2020-06-09 Vaccine: influenza Vaccination date: 2016-10-21 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 42500 AI-assisted case summary: Sally Bellsnyder filed a petition for compensation under the National Vaccine Injury Program on February 9, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 21, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged injuries. However, the parties reached a stipulation to settle the case. The stipulation provided for a lump sum award of $42,500.00 to compensate Ms. Bellsnyder for all damages, including pain and suffering and past unreimbursable expenses. Special Master Thomas L. Gowen adopted the stipulation and ordered that judgment be entered in accordance with its terms. The decision was filed on June 9, 2020. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner counsel was Shealene P. Mancuso, and respondent counsel was Mollie D. Gorney. Theory of causation field: Petitioner Sally Bellsnyder alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 21, 2016. The respondent denied causation. The parties reached a stipulation for award, agreeing to settle the case. The stipulation provided for a lump sum of $42,500.00 to compensate petitioner for all damages, including pain and suffering and past unreimbursable expenses. Special Master Thomas L. Gowen adopted the stipulation and ordered judgment on June 9, 2020. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00205-0 Date issued/filed: 2020-06-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/9/20) regarding 50 DECISION Stipulation/Proffer, Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 9, 2020 * * * * * * * * * * * * * SALLY BELLSNYDER, * UNPUBLISHED * Petitioner, * No. 18-205V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; AND HUMAN SERVICES, * Influenza (“flu”) Vaccine; * Shoulder Injury Related to * Vaccine Administration (“SIRVA”). Respondent. * * * * * * * * * * * * * * Shealene P. Mancuso, Muller Brazil, Dresher, PA, for petitioner. Mollie D. Gorney, U.S. Department of Justice, Washington, D.C., for respondent. DECISION FOR STIPULATION1 On February 9, 2018, Sally Bellsnyder (“petitioner”), filed a petition for compensation under the National Vaccine Injury Program.2 Petition at Preamble (ECF No. 1). Petitioner received an influenza (“flu”) vaccine on October 21, 2016. Stipulation at ¶ 2 (ECF No. 49). Petitioner alleges that as a result of receiving the flu vaccine, she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”). Id.; Stipulation at ¶ 4. On June 9, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Respondent denies that the flu vaccine is the cause of petitioner’s alleged injuries, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, the parties now agree that the issues 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 2 of 7 between them shall be settled and that a decision should be entered awarding the compensation to the petitioner according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $42,500.00, in the form of a check payable to petitioner. This amount represents compensation for all damages, including pain and suffering and past unreimbursable expenses that would be available under 42 U.S.C. § 300aa-15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expediated by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 3 of 7 Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 4 of 7 Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 5 of 7 Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 6 of 7 Case 1:18-vv-00205-UNJ Document 54 Filed 06/30/20 Page 7 of 7