VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01501 Package ID: USCOURTS-cofc-1_18-vv-01501 Petitioner: Carrie A. Newcomer Filed: 2018-09-28 Decided: 2020-11-21 Vaccine: influenza Vaccination date: 2016-10-04 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Carrie A. Newcomer filed her petition on September 28, 2018, alleging that an influenza vaccination administered on October 4, 2016 caused a left shoulder injury related to vaccine administration. The petition stated that she developed extreme soreness and tenderness after the injection and that the effects lasted more than six months. She was represented by Robert S. Meitus of Meitus Gelbert Rose LLP. Respondent disputed the claim. In the parties' stipulation, respondent denied that Newcomer suffered a Table SIRVA, denied that the influenza vaccine caused her left shoulder injury or any other injury, and denied that any current condition was vaccine caused. The public staged record does not include a litigated causation ruling or expert analysis. The available public document gives a modest but important part of Newcomer's story: the first identified complaint was extreme soreness and tenderness after the flu shot, and the injury was serious enough to support a claim of residual effects beyond six months. The stipulation does not provide the exact hour or day of onset, examination findings, range-of-motion measurements, imaging, injections, physical therapy, surgery, medication use, work restrictions, or daily-life effects. Because those details are absent from the public stipulation, the summary cannot fill them in. Chief Special Master Brian H. Corcoran found the settlement reasonable and adopted the stipulation as the decision on November 21, 2020. Newcomer received $50,000.00 as a lump sum for all damages available under the Vaccine Act, and judgment was directed in that amount. Theory of causation field: Influenza vaccine on October 4, 2016 allegedly causing left shoulder SIRVA; petition described extreme soreness and tenderness after vaccination and residual effects lasting more than six months. COMPENSATED by stipulation. Respondent denied Table SIRVA, vaccine causation for the left shoulder injury or any other injury, and any current vaccine-caused condition. Public stipulation provides no detailed onset time, treatment course, imaging, injections, therapy, experts, or biological mechanism. Decision: Chief Special Master Brian H. Corcoran, November 21, 2020. Award $50,000.00 lump sum to petitioner. Petition filed September 28, 2018. Attorney: Robert S. Meitus, Meitus Gelbert Rose LLP. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01501-0 Date issued/filed: 2021-02-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/21/2020) regarding 53 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01501-UNJ Document 55 Filed 02/01/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1501V UNPUBLISHED CARRIE A. NEWCOMER, Chief Special Master Corcoran Petitioner, Filed: November 21, 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) Robert S Meitus, Meitus Gelbert Rose LLP, Bloomington, IN, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On September 28, 2018, Carrie Newcomer 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 (“flu”) vaccination received on October 4, 2016. Petition at 1, 6; Stipulation, filed on November 12, 2020, ¶¶ 2, 4. Petitioner further alleges that she experienced “extreme soreness and tenderness” immediately after receiving the vaccine and that she experienced residual effects of her SIRVA for more than six months. Petition at 2, 6; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is a sequela 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-01501-UNJ Document 55 Filed 02/01/21 Page 2 of 7 Nevertheless, on November 12, 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 $50,000.00 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-01501-UNJ Document 55 Filed 02/01/21 Page 3 of 7 Case 1:18-vv-01501-UNJ Document 55 Filed 02/01/21 Page 4 of 7 Case 1:18-vv-01501-UNJ Document 55 Filed 02/01/21 Page 5 of 7 Case 1:18-vv-01501-UNJ Document 55 Filed 02/01/21 Page 6 of 7 Case 1:18-vv-01501-UNJ Document 55 Filed 02/01/21 Page 7 of 7