VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01177 Package ID: USCOURTS-cofc-1_18-vv-01177 Petitioner: Willie Anderson Filed: 2020-06-16 Decided: 2020-07-16 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2017-07-25 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 114329 AI-assisted case summary: Willie Anderson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of a pneumococcal conjugate vaccine administered on July 25, 2017. She further alleged that she suffered the residual effects of this injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or any other injury or condition. Nevertheless, on June 16, 2020, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Willie Anderson was awarded a total of $114,329.26 in compensation. This amount included $4,329.26 to reimburse a lien for vaccine-related services and $110,000.00 payable to Petitioner. These amounts represent compensation for all items of damages available under the Vaccine Act. The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01177-0 Date issued/filed: 2020-07-16 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 06/16/2020) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. (Main Document 48 replaced on 8/24/2020) (sw). -------------------------------------------------------------------------------- Case 1:18-vv-01177-UNJ Document 48 Filed 07/16/20 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1177V UNPUBLISHED WILLIE ANDERSON, Chief Special Master Corcoran Petitioner, Filed: June 16, 2020, v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 10, 2018, Willie Anderson filed a 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 Relared to Vaccine Administration (SIRVA) as a result of a pneumococcal conjugate vaccine administered on July 25, 2017. Petition at 1; Stipulation, issued at June 16, 2020, ¶¶ 2, 4. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petition at 9; Stipulation at ¶ 4. “Respondent denies that [P]etitioner sustained a SIRVA Table injury, or any other injury or condition .” Stipulation at ¶ 6. Nevertheless, on June 16, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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-01177-UNJ Document 48 Filed 07/16/20 Page 2 of 8 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 $4,329.263 in the form of a check payable to jointly to Petitioner and Optum L-3994 Columbus, OH 43260-3994 Federal Tax Identification Number: 41-1858498 Petitioner agrees to endorse this check to Optum. b. A lump sum of $110,000.00 in the form of a check payable to Petitioner. Stipulation at ¶ 8. These amounts represent compensation for all items of damages that would be available under § 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 This amount represents reimbursement of a lien for vaccine-related services rendered on behalf of Petitioner. 4 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-01177-UNJ Document 48 Filed 07/16/20 Page 3 of 8 Case 1:18-vv-01177-UNJ Document 48 Filed 07/16/20 Page 4 of 8 Case 1:18-vv-01177-UNJ Document 48 Filed 07/16/20 Page 5 of 8 Case 1:18-vv-01177-UNJ Document 48 Filed 07/16/20 Page 6 of 8 Case 1:18-vv-01177-UNJ Document 48 Filed 07/16/20 Page 7 of 8 Case 1:18-vv-01177-UNJ Document 48 Filed 07/16/20 Page 8 of 8