VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01246 Package ID: USCOURTS-cofc-1_18-vv-01246 Petitioner: Stephanie Scott Filed: 2018-08-20 Decided: 2021-04-13 Vaccine: influenza Vaccination date: 2017-09-21 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Stephanie Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2018, alleging that she received an influenza vaccine on September 21, 2017, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the vaccine caused her injury but agreed to a stipulation for an award. The parties stipulated that a decision should be entered awarding compensation to Ms. Scott. The stipulation awarded a lump sum of $80,000.00, representing compensation for all damages available under the Act for injuries related to her receipt of the flu vaccine. Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court and awarded the compensation. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Wei K. Tai of the U.S. Dept. of Justice. The decision was filed on April 13, 2021. Theory of causation field: Petitioner Stephanie Scott filed a petition on August 20, 2018, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder following an influenza vaccine received on September 21, 2017. The injury allegedly had residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation but stipulated to an award. The parties agreed to a decision awarding $80,000.00 as compensation for all damages available under the Act for injuries related to the flu vaccine. Special Master Thomas L. Gowen issued the decision on April 13, 2021, adopting the stipulation. Petitioner was represented by Leah V. Durant and respondent by Wei K. Tai. The public decision does not describe the specific medical mechanism, onset, symptoms, diagnostic tests, or treatments for the alleged SIRVA, nor does it name any medical experts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01246-0 Date issued/filed: 2021-05-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 4/13/2021) regarding 43 DECISION Stipulation. Signed by Special Master Thomas L. Gowen. (hs) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: April 13, 2021 * * * * * * * * * * * * * STEPHANIE SCOTT, * Unpublished * Petitioner, * No. 18-1246V * v. * Special Master Gowen * SECRETARY OF HEALTH * Stipulation for Award; AND HUMAN SERVICES, * Shoulder Injury Related to * Vaccine Administration (“SIRVA”). Respondent. * Influenza (“flu”). * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, D.C., for petitioner. Wei K. Tai, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On August 20, 2018, Stephanie Scott (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), on September 21, 2017. Petition at Preamble. Petitioner alleges that she subsequently suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) in her right shoulder, which petitioner alleges were caused-in-fact by her receipt of the flu vaccine, with residual effects of her injuries lasting for more than six months. Id. at ¶ 4. On April 13, 2021, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 42). Respondent denies that the flu immunization caused or significantly aggravated petitioner’s alleged shoulder injury 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I intend to post it on the website of the United States Court of Federal Claims. The Court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. Before the opinion is posted on the Court’s website, each party has 14 days to file a motion requesting 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). An objecting party must provide the Court with a proposed redacted version of the opinion. Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the Court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended 42 U.S.C. §§ 300aa-10 to 34 (2012) (hereinafter “Vaccine Act” or “the Act”). Hereinafter, individual section references will be to 42 U.S.C. § 300aa of the Act. Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 2 of 7 and/or any other injury. Id. at ¶ 6. While maintaining their respective positions, the parties nevertheless now agree that a decision should be entered awarding the compensation described in paragraph 8 of the stipulation, which is attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards a lump sum of $80,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a) for injuries related to petitioner’s receipt of the flu vaccine. I adopt the stipulation as the decision of the Court and hereby award compensation in the amount and on the terms set forth therein. Accordingly, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 3 of 7 Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 4 of 7 Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 5 of 7 Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 6 of 7 Case 1:18-vv-01246-UNJ Document 47 Filed 05/06/21 Page 7 of 7