VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00790 Package ID: USCOURTS-cofc-1_18-vv-00790 Petitioner: Karen Knepp Filed: 2018-06-05 Decided: 2020-09-25 Vaccine: influenza Vaccination date: 2015-10-06 Condition: shoulder injury related to vaccine administration (SIRVA) and brachial neuritis Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Karen Knepp filed a petition on June 5, 2018, alleging that the influenza vaccine she received on October 6, 2015, caused her to develop a shoulder injury related to vaccine administration (SIRVA) and brachial neuritis. She further alleged that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her alleged injuries. On August 6, 2020, the parties filed a stipulation for award. Special Master Herbrina Sanders found the stipulation reasonable and adopted it as the decision of the Court. Karen Knepp was awarded $75,000.00 in compensation for all damages available under the program. Judgment was entered in accordance with the stipulation. Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Althea Davis of the United States Department of Justice represented the respondent. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Knepp, nor does it name any medical experts. Theory of causation field: Petitioner Karen Knepp alleged that the influenza vaccine administered on October 6, 2015, caused Shoulder Injury Related to Vaccine Administration (SIRVA) and brachial neuritis, with residual effects lasting more than six months. The respondent denied causation. The parties filed a stipulation for award, agreeing to a settlement. Petitioner Karen Knepp was awarded $75,000.00 as compensation for all damages. Special Master Herbrina Sanders approved the stipulation on September 25, 2020. The public decision does not detail the specific mechanism of injury, name any medical experts, or describe the evidence considered in reaching the stipulation. The theory of causation is not elaborated upon in the provided text beyond the petitioner's allegations and the respondent's denial. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00790-0 Date issued/filed: 2020-09-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/10/2020) regarding 35 DECISION Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00790-UNJ Document 41 Filed 09/25/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: August 10, 2020 * * * * * * * * * * * * * * * * * * * * * * * * * KAREN KNEPP, * No. 18-790V * Petitioner, * Special Master Sanders v. * * SECRETARY OF HEALTH * Stipulation for Award; Influenza (“flu”) AND HUMAN SERVICES, * Vaccine; Shoulder Injury Related to * Vaccine Administration (“SIRVA”); Respondent. * Brachial Neuritis * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Althea Davis, United States Department of Justice, Washington, DC, for Respondent. DECISION1 On June 5, 2018, Karen Knepp (“Petitioner”) filed a petition for compensation pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34 (2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on October 6, 2015 caused her to develop a shoulder injury related to vaccine administration (“SIRVA”) and brachial neuritis. See Stip. at 1, ECF No. 34; Pet. at 1. Petitioner further alleged that she experienced the residual effects of her injury for more than six months. Stip. at 1. On August 6, 2020, the parties filed a stipulation in which they state that a decision should be entered awarding compensation to Petitioner. Id. at 2. Respondent denies that the flu vaccine caused Petitioner’s alleged SIRVA, brachial neuritis, or any other injury. Id. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. I find the stipulation reasonable and adopt it as the decision of the Court in awarding damages, on the terms set forth therein. 1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to the Internet. As provided by Vaccine Rule 18(b), each party has 14 days within which to request 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). 2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755. Case 1:18-vv-00790-UNJ Document 41 Filed 09/25/20 Page 2 of 7 The parties stipulate that Petitioner shall receive the following compensation: A lump sum of $75,000.00 in the form of a check payable to [P]etitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Id. I approve 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/Herbrina D. Sanders Herbrina D. Sanders 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-00790-UNJ Document 41 Filed 09/25/20 Page 3 of 7 Case 1:18-vv-00790-UNJ Document 41 Filed 09/25/20 Page 4 of 7 Case 1:18-vv-00790-UNJ Document 41 Filed 09/25/20 Page 5 of 7 Case 1:18-vv-00790-UNJ Document 41 Filed 09/25/20 Page 6 of 7 Case 1:18-vv-00790-UNJ Document 41 Filed 09/25/20 Page 7 of 7