VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01618
Package ID: USCOURTS-cofc-1_18-vv-01618
Petitioner: Carol McCarvell
Filed: 2020-08-04
Decided: 2020-09-11
Vaccine: influenza
Vaccination date: 2015-10-20
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 82601

AI-assisted case summary:
Carol McCarvell filed a petition for compensation on August 4, 2020, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 20, 2015 influenza vaccination. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for her injury. The respondent denied that petitioner sustained a SIRVA Table injury or that the injury was caused by the vaccine. Nevertheless, on July 30, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and awarded Carol McCarvell a lump sum of $82,601.85. The decision was issued on September 11, 2020. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation field:
Petitioner Carol McCarvell alleged Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 20, 2015 influenza vaccination. Respondent denied a SIRVA Table injury or causation by the vaccine. The parties filed a joint stipulation on July 30, 2020, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $82,601.85. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The decision was issued on September 11, 2020. Petitioner's counsel was John Robert Howie, and respondent's counsel was Althea Walker Davis.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01618-0
Date issued/filed: 2020-09-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/04/2020) regarding 41 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:18-vv-01618-UNJ Document 45 Filed 09/11/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1618V
UNPUBLISHED
CAROL McCARVELL, Chief Special Master Corcoran
Petitioner, Filed: August 4, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On October 18, 2018, Carol McCarvell 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 Shoulder Injury Related to Vaccine
Administration (“SIRVA”) as a result of her October 20, 2015 influneza vaccination.
Petition at 1; Stipulation, filed at July 30, 2020, ¶¶ 2, 4. Petitioner further alleges that the
vaccine was administered within the United States, that she suffered the residual effects
of her injury for more than six months, and that there has been no prior award or
settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see
Petition at ¶¶43-44. “Respondent denies that petitioner sustained a SIRVA Table injury,
and further denies that petitioner’s alleged shoulder injury or any other injury or condition,
was caused by her receipt of the flu vaccine.” 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-01618-UNJ Document 45 Filed 09/11/20 Page 2 of 7
Nevertheless, on July 30, 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 $82,601.85 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

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