VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01389 Package ID: USCOURTS-cofc-1_18-vv-01389 Petitioner: Jodie Prouty Filed: 2018-09-12 Decided: 2020-09-14 Vaccine: influenza Vaccination date: 2017-09-19 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65680 AI-assisted case summary: Jodie Prouty filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 19, 2017. She alleged the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no prior civil action had been filed. Respondent denied that Ms. Prouty sustained a SIRVA Table injury and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 6, 2020, agreeing that compensation should be awarded. The court adopted the stipulation as its decision, awarding Ms. Prouty a lump sum of $65,680.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01389-0 Date issued/filed: 2020-09-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/07/2020) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01389-UNJ Document 44 Filed 09/14/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1389V UNPUBLISHED JODIE PROUTY, Chief Special Master Corcoran Petitioner, Filed: August 7, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) William E. Cochran, Jr., Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 12, 2018, Jodie Prouty 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccine administered on September 19, 2017. Petition at 1; Stipulation, filed August 6, 2020, ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her condition. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; and denies that her current condition is a sequelae of a vaccine-related 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-01389-UNJ Document 44 Filed 09/14/20 Page 2 of 7 Nevertheless, on August 6, 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 $65,680.00 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-01389-UNJ Document 44 Filed 09/14/20 Page 3 of 7 Case 1:18-vv-01389-UNJ Document 44 Filed 09/14/20 Page 4 of 7 Case 1:18-vv-01389-UNJ Document 44 Filed 09/14/20 Page 5 of 7 Case 1:18-vv-01389-UNJ Document 44 Filed 09/14/20 Page 6 of 7 Case 1:18-vv-01389-UNJ Document 44 Filed 09/14/20 Page 7 of 7