VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00997 Package ID: USCOURTS-cofc-1_18-vv-00997 Petitioner: Phuong Dung Thi Huynh Filed: 2018-08-26 Decided: 2020-09-25 Vaccine: influenza Vaccination date: 2017-08-17 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 45902 AI-assisted case summary: Phuong Dung Thi Huynh, an adult, received an influenza vaccine on August 17, 2017. She alleged that this vaccination caused injuries to her right rotator cuff, specifically a Shoulder Injury Related to Vaccine Administration (SIRVA), and that these residual effects lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Huynh's rotator cuff injury or any other condition, and specifically denied that she sustained a SIRVA as defined in the Vaccine Injury Table. Despite this denial, the parties filed a joint stipulation on August 26, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Huynh was awarded a lump sum of $35,000.00 for all items of damages and an additional $10,902.00 for attorney's fees and costs. The case was resolved via stipulation, and no specific theory of causation (Table or Off-Table) was detailed in the decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00997-0 Date issued/filed: 2020-09-25 Pages: 7 Docket text: in Document 41 replaced on 9/28/2020 to correct a clerical error re: statute cite.) (dls). (Main Document 41 replaced on 9/30/2020 to attach decision with stipulation included) (ypb).PUBLIC DECISION (Originally filed: 08/26/2020) regarding 40 DECISION Fees Stipulation/Proffer,, DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Ma -------------------------------------------------------------------------------- Case 1:18-vv-00997-UNJ Document 41 Filed 09/25/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-0997V UNPUBLISHED PHUONG DUNG THI HUYNH, Chief Special Master Corcoran Petitioner, Filed: August 26, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) Hieu Quang Huynh, Houston, TX, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION AND ON ATTORNEY’S FEES AND COSTS1 On July 11, 2018, Phuong Dung Thi Huynh 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 “injuries, including but not limited to Petitioner’s right rotator cuff” as a result of an influenza (“flu”) vaccine that she received on August 17, 2017. Petition at 1; Stipulation, filed at August 26, 2020, ¶¶ 4, 6. Petitioner further alleges that she experienced the residual effect of this condition for more than six months. Petition at 3; Stipulation at ¶4. “Respondent denies that the flu immunization caused petitioner to suffer a rotator cuff injury or any other injury or condition. Respondent further denies that petitioner sustained a Shoulder Injury Related to Vaccine Administration, as defined in the Table.” 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-00997-UNJ Document 41 Filed 09/25/20 Page 2 of 7 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. A lump sum of $35,000.00, 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. b. A lump sum of $10,902.00, in the form of a check payable jointly to Petitioner and Petitioner’s attorney, Hieu Huynh, for attorney’s fees and costs available under 42. U.S.C. § 300aa-15(e). In compliance with General Order #9, Petitioner represents that she incurred no out-of-pocket litigation expenses in proceeding on the petition. 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-00997-UNJ Document 41 Filed 09/25/20 Page 3 of 7 Case 1:18-vv-00997-UNJ Document 41 Filed 09/25/20 Page 4 of 7 Case 1:18-vv-00997-UNJ Document 41 Filed 09/25/20 Page 5 of 7 Case 1:18-vv-00997-UNJ Document 41 Filed 09/25/20 Page 6 of 7 Case 1:18-vv-00997-UNJ Document 41 Filed 09/25/20 Page 7 of 7