VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00772 Package ID: USCOURTS-cofc-1_18-vv-00772 Petitioner: Cheryl Thompson Filed: 2018-05-31 Decided: 2020-09-30 Vaccine: influenza Vaccination date: 2016-11-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Cheryl Thompson filed a petition on May 31, 2018, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on November 22, 2016, caused a shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccination occurred within the United States, that the residual effects of the injury lasted for more than six months, and that no prior civil action for damages had been filed on her behalf. The respondent, the Secretary of Health and Human Services, denied that Ms. Thompson sustained a SIRVA Table injury within the specified timeframe, denied that she experienced residual effects for more than six months, and denied that the flu vaccine caused her alleged left shoulder injury or any other injury. Despite these denials, the parties later filed a joint stipulation for compensation on August 26, 2020. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Pursuant to the stipulation, Ms. Thompson was awarded a lump sum of $10,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on September 30, 2020. Petitioner was represented by Jeffrey S. Pop of Jeffrey S. Pop & Associates, and respondent was represented by Mark Kim Hellie of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Cheryl Thompson filed a petition on May 31, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on November 22, 2016. Respondent denied the alleged Table injury, duration of residual effects, and causation. The parties subsequently filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded petitioner $10,000.00 as a lump sum. The decision was issued on September 30, 2020. The theory of causation is based on a "Table" injury, as indicated by the stipulation and the case's classification. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Mark Kim Hellie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00772-0 Date issued/filed: 2020-09-30 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/27/2020) regarding 50 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00772-UNJ Document 54 Filed 09/30/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-772V UNPUBLISHED CHERYL THOMPSON, Chief Special Master Corcoran Petitioner, Filed: August 27, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 31, 2018, Cheryl Thompson 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 (“flu”) vaccine administered on November 22, 2016. Petition at 1; Stipulation, filed at August 26, 2020, ¶¶ 1, 2. Petitioner further alleges that the vaccination was administered within the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injuries. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained the onset of a SIRVA Table injury within the Table timeframe; denies that [P]etitioner experienced the residual effects of the alleged injury for more than six months; and further denies that the flu vaccine caused [P]etitioner’s alleged left 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-00772-UNJ Document 54 Filed 09/30/20 Page 2 of 8 Nevertheless, on August 26, 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 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-00772-UNJ Document 54 Filed 09/30/20 Page 3 of 8 Case 1:18-vv-00772-UNJ Document 54 Filed 09/30/20 Page 4 of 8 Case 1:18-vv-00772-UNJ Document 54 Filed 09/30/20 Page 5 of 8 Case 1:18-vv-00772-UNJ Document 54 Filed 09/30/20 Page 6 of 8 Case 1:18-vv-00772-UNJ Document 54 Filed 09/30/20 Page 7 of 8 Case 1:18-vv-00772-UNJ Document 54 Filed 09/30/20 Page 8 of 8