VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01498
Package ID: USCOURTS-cofc-1_18-vv-01498
Petitioner: Sheri L. Berrier
Filed: 2018-09-28
Decided: 2020-06-16
Vaccine: influenza
Vaccination date: 2016-09-30
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 73000

AI-assisted case summary:
On September 28, 2018, Sheri L. Berrier filed a petition under the National Vaccine Injury Compensation Program alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on or about September 30, 2016. The respondent denied that Ms. Berrier sustained a SIRVA Table injury or any other injury as a result of the flu vaccine. Despite the respondent's denial, the parties reached a settlement. On June 16, 2020, they filed a joint stipulation agreeing to resolve the case. As part of the stipulation, the respondent agreed to pay Ms. Berrier a lump sum of $73,000.00 in the form of a check. This amount was intended to compensate for all damages available under the National Childhood Vaccine Injury Act. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation. The petition was filed on September 28, 2018, and the decision on the stipulation was issued on June 16, 2020. Petitioner counsel was Zachary Hermsen, Esq., of Whitfield & Eddy Law. Respondent counsel was Althea Davis, Esq., of the US Department of Justice.

Theory of causation field:
Petitioner Sheri L. Berrier alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 30, 2016. Respondent denied a SIRVA Table injury or any other vaccine-related injury. The parties reached a settlement, and a joint stipulation was filed on June 16, 2020. The stipulation resulted in an award of $73,000.00, representing compensation for all damages under the National Childhood Vaccine Injury Act. The specific medical mechanism, expert testimony, or detailed clinical facts supporting the alleged SIRVA were not described in the public decision, which focused on the settlement terms. Special Master Mindy Michaels Roth approved the stipulation. Petitioner counsel was Zachary Hermsen, Esq., and respondent counsel was Althea Davis, Esq. The petition was filed September 28, 2018, and the decision was issued June 16, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01498-0
Date issued/filed: 2020-07-13
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 6/16/2020) regarding 30 DECISION Stipulation/Proffer. Signed by Special Master Mindy Michaels Roth. (mw) Service on parties made.
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Case 1:18-vv-01498-UNJ Document 31 Filed 07/13/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1498V
Filed: June 16, 2020
* * * * * * * * * * * * *
SHERI L. BERRIER, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Shoulder Injury Related to
v. * Vaccine Administration
* (“SIRVA”); Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Zachary Hermsen, Esq., Whitfield & Eddy Law, Des Moines, IA, for petitioner.
Althea Davis, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On September 28, 2018, Sheri Berrier [“Ms. Berrier” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she developed a shoulder injury related to vaccine administration (“SIRVA”) after receiving an
influenza (“flu”) vaccination on or about September 30, 2016. Stipulation, filed June 16, at ¶¶ 1-
4. Respondent denies that petitioner sustained a SIRVA Table injury or any other injury as a result
of the flu vaccine. Stipulation at ¶ 6.
Nevertheless, the parties have agreed to settle the case. On June 16, 2020, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the
Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-
347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision
will be available to anyone with access to the internet. However, the parties may object to the Decision’s
inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party
has fourteen days within which to request 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). Otherwise, the whole Decision will be available to the public. Id.
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-01498-UNJ Document 31 Filed 07/13/20 Page 2 of 7
Respondent agrees to issue the following payment:
A lump sum of $73,000.00 in the form of a check payable to petitioner, Sheri L.
Berrier. This amount represents compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice
renouncing the right to seek review.
2

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