VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01458 Package ID: USCOURTS-cofc-1_18-vv-01458 Petitioner: Mary Jensen Filed: 2018-09-21 Decided: 2022-03-29 Vaccine: influenza Vaccination date: 2017-12-12 Condition: left shoulder injury related to vaccination administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Mary Jensen filed a petition for compensation on September 21, 2018, alleging that the influenza vaccine she received on December 12, 2017, caused her to suffer from a left shoulder injury related to vaccination administration (SIRVA). She further alleged that she experienced residual effects of this injury for more than six months. The Vaccine Injury Table lists SIRVA as a condition that can result from the flu vaccine. Respondent denied that Ms. Jensen sustained a shoulder injury as defined in the Vaccine Injury Table and denied that the flu vaccine caused her to suffer from SIRVA or any other injury. Despite the denial, the parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the decision of the Court. Ms. Jensen was awarded a lump sum payment of $50,000.00, payable to her, as compensation for all damages available under the program. The case was resolved via stipulation, and judgment was entered accordingly. Petitioner counsel was Leah V. Durant, and respondent counsel was Julia M. Collison. The decision was filed on March 29, 2022. Theory of causation field: Petitioner Mary Jensen alleged that the influenza vaccine received on December 12, 2017, caused a left shoulder injury related to vaccination administration (SIRVA), with residual effects lasting more than six months. The Vaccine Injury Table lists SIRVA as a condition potentially resulting from the flu vaccine. Respondent denied that petitioner sustained a shoulder injury as defined in the Table or that the flu vaccine caused her injury. The parties reached a stipulation, which Special Master Christian J. Moran adopted. Petitioner was awarded $50,000.00 as compensation for all damages. The public decision does not describe the specific mechanism of injury, onset of symptoms, diagnostic tests, treatments, or expert witnesses. The case was resolved via stipulation on March 29, 2022. Petitioner was represented by Leah V. Durant, and respondent by Julia M. Collison. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01458-0 Date issued/filed: 2022-04-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/29/2022) regarding 92 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (jmw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * MARY JENSEN, * * No. 18-1458V Petitioner, * Special Master Christian J. Moran * v. * Filed: March 29, 2022 * SECRETARY OF HEALTH * Stipulation; influenza (“flu”) vaccine; AND HUMAN SERVICES, * SIRVA; shoulder injury. * Respondent. * * * * * * * * * * * * * * * * * * * * * * Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner; Julia M. Collison, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On March 29, 2022, the parties filed a joint stipulation concerning the petition for compensation filed by Mary Jensen on September 21, 2018. Petitioner alleged that the influenza (“flu”) vaccine she received on December 12, 2017, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a left shoulder injury related to vaccination administration (“SIRVA”). Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4). Any redactions ordered by the special master will appear in the document posted on the website. Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 2 of 7 Respondent denies petitioner sustained a shoulder injury as defined in the Vaccine Injury Table and denies that the flu vaccine caused petitioner to suffer from SIRVA or any other injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum payment of $50,000.00 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). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2 Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 3 of 7 Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 4 of 7 Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 5 of 7 Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 6 of 7 Case 1:18-vv-01458-UNJ Document 96 Filed 04/20/22 Page 7 of 7