VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00351
Package ID: USCOURTS-cofc-1_18-vv-00351
Petitioner: Tamara Kuypers
Filed: 2020-05-26
Decided: 2020-06-29
Vaccine: influenza
Vaccination date: 2015-11-04
Condition: left SIRVA
Outcome: compensated
Award amount USD: 10000

AI-assisted case summary:
Tamara Kuypers filed a petition for vaccine compensation on May 26, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on or about November 4, 2015. The petition stated the vaccine was administered in the United States and that she experienced residual effects for more than six months, with no prior award or settlement of a civil action for damages. Respondent denied that petitioner sustained a Table SIRVA injury and denied that the influenza vaccine caused her shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation on May 19, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The decision awarded Tamara Kuypers a lump sum of $10,000.00, payable by check to Petitioner, for all items of damages. Petitioner's counsel was Paul S. Dannenburg, and Respondent's counsel was Robert Paul Coleman, III. The decision was issued on June 29, 2020.

Theory of causation field:
Petitioner Tamara Kuypers alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on or about November 4, 2015. The petition stated the injury had residual effects for more than six months. Respondent denied that the injury was a Table SIRVA injury and denied that the influenza vaccine caused the injury. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $10,000.00. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The case was settled via stipulation, with Petitioner represented by Paul S. Dannenburg and Respondent by Robert Paul Coleman, III. The decision date was June 29, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-00351-0
Date issued/filed: 2020-06-29
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/26/2020) regarding 60 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-00351-UNJ Document 65 Filed 06/29/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-351V
UNPUBLISHED
TAMARA KUYPERS, Chief Special Master Corcoran
Petitioner, Filed: May 26, 2020
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA)
Paul S. Dannenburg, Huntington, VT, for Petitioner.
Robert Paul Coleman, III, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 7, 2018, Tamara Kuypers 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 left SIRVA. Petition at 1;
Stipulation, filed May 19, 2020, at ¶ 4. Petitioner further alleges that the vaccine was
administered in the United States, she experienced the residual effects of her injury for
more than six months, and there has been no prior award or settlement of a civil action
for damages as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner sustained a Table SIRVA injury, and denies that the
influenza vaccine caused Petitioner to suffer from a shoulder injury or any other 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 1:18-vv-00351-UNJ Document 65 Filed 06/29/20 Page 2 of 7
Nevertheless, on May 19, 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 $10,000.00 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.
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 1:18-vv-00351-UNJ Document 65 Filed 06/29/20 Page 3 of 7
I IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
TAMARA KUYPERS, )
)
Petitioner, )
) No. 18-351V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEAL TH )
AND HUMAN SERVICES, )
)
Respondent. )
________ _______
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Tamara Kuypers ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a).
2. Petitioner received the influenza vaccine on or about November 4, 2015.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration
("SIRVA") as a result of receiving an influenza vaccine, and experienced the residual effects of
her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

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