VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00692 Package ID: USCOURTS-cofc-1_18-vv-00692 Petitioner: Laura Guerrie Filed: 2018-05-16 Decided: 2020-09-21 Vaccine: influenza Vaccination date: Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 58287 AI-assisted case summary: Laura Guerrie filed a petition on May 16, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination. Ms. Guerrie stated that the vaccine was administered in the United States, that she experienced residual effects of the condition for more than six months, and that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Petitioner's alleged SIRVA or any other injury. On August 19, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Petitioner was awarded a lump sum of $58,286.97, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Laura Guerrie filed a petition on May 16, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccination. The respondent denied causation. The parties filed a joint stipulation on August 19, 2020, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded $58,286.97. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00692-0 Date issued/filed: 2020-09-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/19/2020) regarding 49 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00692-UNJ Document 53 Filed 09/21/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-692V UNPUBLISHED LAURA GUERRIE, Chief Special Master Corcoran Petitioner, Filed: August 19, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 16, 2018, Laura Guerrie 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”) caused by an influenza vaccination. Petition at 1; Stipulation, filed at August 19, 2020, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of this condition for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 5; Stipulation at ¶¶ 3- 5. “Respondent denies that the flu immunization is the cause of Petitioner’s alleged SIRVA, or that it caused any other injury or condition.” 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-00692-UNJ Document 53 Filed 09/21/20 Page 2 of 7 Nevertheless, on August 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 $58,286.97 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 1:18-vv-00692-UNJ Document 53 Filed 09/21/20 Page 3 of 7 Case 1:18-vv-00692-UNJ Document 53 Filed 09/21/20 Page 4 of 7 Case 1:18-vv-00692-UNJ Document 53 Filed 09/21/20 Page 5 of 7 Case 1:18-vv-00692-UNJ Document 53 Filed 09/21/20 Page 6 of 7 Case 1:18-vv-00692-UNJ Document 53 Filed 09/21/20 Page 7 of 7