VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01466 Package ID: USCOURTS-cofc-1_18-vv-01466 Petitioner: Tammy Copping Filed: 2018-09-24 Decided: 2020-12-21 Vaccine: influenza Vaccination date: 2017-09-27 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 42500 AI-assisted case summary: Tammy Copping filed a petition for compensation under the National Vaccine Injury Compensation Program alleging injury from an influenza vaccine she received on September 27, 2017. She claimed to have sustained a right shoulder injury related to vaccine administration (SIRVA) within the Table time period, with residual effects lasting more than six months. The vaccine was administered in the United States and was a single influenza vaccine. Respondent denied that petitioner sustained a Table SIRVA injury within the Table timeframe, suffered any loss of range of motion, or that the flu vaccine caused her alleged injury. Despite maintaining their respective positions, the parties entered into a stipulation to settle the issues. The stipulation provided for a decision awarding compensation to Ms. Copping. The court adopted the stipulation as its decision, awarding a lump sum of $42,500.00 to Ms. Copping for all damages. This award represents compensation for her SIRVA injury. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01466-0 Date issued/filed: 2021-01-11 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/21/20) regarding 34 DECISION Stipulation/Proffer: Signed by Special Master Thomas L. Gowen. (kb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 21, 2020 * * * * * * * * * * * * * TAMMY COPPING, * UNPUBLISHED * Petitioner, * No. 18-1466V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; Influenza AND HUMAN SERVICES, * (Flu); Shoulder Injury Related to * Vaccine Administration (SIRVA). Respondent. * * * * * * * * * * * * * * Paul R. Brazil, Muller Brazil LLP, Dresher, PA, for petitioner. Mark K. Hellie, United States Department of Justice, Washington, DC, for respondent. DECISION ON STIPULATION1 On September 24, 2018, Tammy Copping (“petitioner”) filed a petition for compensation within the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). The petition seeks compensation for injuries allegedly related to petitioner’s receipt of an influenza (flu) vaccine, which is a vaccine contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner received the flu vaccine on September 27, 2017. The vaccine was administered within the United States. Petitioner alleges that she sustained a right shoulder injury related to vaccine administration (SIRVA) within the Table time period after receiving the 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-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 2 of 8 flu vaccine, and alleges that she experienced the residual effects of this injury for more than six months. On December 21, 2020, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 33). Respondent denies that petitioner sustained the onset of a Table SIRVA injury within the Table timeframe; that she suffered any loss of range of motion; and further denies that the flu vaccine caused petitioner’s alleged right shoulder injury or any other injury. Id. at ¶ 6. Maintaining their respective positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation awards: 1) A lump sum of $42,500.00 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). 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-01466-UNJ Document 38 Filed 01/11/21 Page 3 of 8 Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 4 of 8 Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 5 of 8 Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 6 of 8 Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 7 of 8 Case 1:18-vv-01466-UNJ Document 38 Filed 01/11/21 Page 8 of 8