VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00425 Package ID: USCOURTS-cofc-1_18-vv-00425 Petitioner: Sharon Rons Filed: 2018-03-22 Decided: 2020-11-04 Vaccine: influenza Vaccination date: 2015-10-28 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Sharon Rons filed a petition on March 22, 2018, alleging that an influenza vaccine administered on October 28, 2015, caused her to suffer from a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that her condition was a sequelae of a vaccine-related injury. Despite these denials, the parties reached a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation and adopted it as the decision of the Court. The stipulation provided for a lump sum payment of $60,000.00, payable to petitioner, to compensate for all damages available under the Vaccine Act. The parties agreed to expedite the entry of judgment. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Traci R. Patton. The decision was based on the stipulation, and the public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert testimony. Theory of causation field: Petitioner Sharon Rons alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 28, 2015. Respondent denied the alleged SIRVA Table injury and that the vaccine caused petitioner's condition. The parties reached a stipulation for compensation. The Special Master adopted the stipulation, awarding $60,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on the "Table" for SIRVA injuries, as indicated by the case type, but specific details are not provided in the public text. The award was made on November 4, 2020. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Traci R. Patton. Special Master Nora Beth Dorsey issued the decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00425-0 Date issued/filed: 2020-11-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/4/2020) regarding 54 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 4, 2020 * * * * * * * * * * * * * * * * * * * SHARON RONS, * UNPUBLISHED * Petitioner, * No. 18-425V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Influenza (“Flu”) Vaccine; Shoulder * Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * * * * * * * * Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Traci R. Patton, US Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On March 22, 2018, Sharon Rons (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of an influenza (“flu”) vaccine administered to her on October 28, 2015, petitioner suffered from a Shoulder Injury Related to Vaccine Administration (“SIRVA”). Petition at Preamble (ECF No. 1). On November 4, 2020, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 53). Respondent denies that petitioner sustained a SIRVA Table injury, denies that the vaccine caused petitioner’s alleged shoulder 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 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. § 300aa. 1 Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 2 of 7 injury or any other injury, and denies petitioner’s current condition is a sequelae of a vaccine- related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: (1) A lump sum of $60,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 3 of 7 Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 4 of 7 Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 5 of 7 Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 6 of 7 Case 1:18-vv-00425-UNJ Document 58 Filed 11/30/20 Page 7 of 7