VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01635 Package ID: USCOURTS-cofc-1_18-vv-01635 Petitioner: Nancy Henderson Filed: 2020-12-21 Decided: 2021-02-10 Vaccine: influenza Vaccination date: 2017-10-06 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 71000 AI-assisted case summary: Nancy Henderson filed a petition on December 21, 2020, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 6, 2017. She stated that the vaccine was administered in the United States, she suffered residual effects for more than six months, and there had been no prior award or settlement for her condition. Respondent denied that petitioner sustained a SIRVA Table injury and denied that the flu immunization caused her alleged shoulder injury or any other condition. Despite these denials, the parties filed a joint stipulation on December 18, 2020, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Henderson was awarded a lump sum of $71,000.00, representing compensation for all items of damages available under Section 15(a). Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01635-0 Date issued/filed: 2021-02-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/21/2020) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01635-UNJ Document 50 Filed 02/10/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1635V UNPUBLISHED NANCY HENDERSON, Chief Special Master Corcoran Petitioner, Filed: December 21, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 23, 2018, Nancy Henderson 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on October 6, 2017. Petition at 1-4; Stipulation, filed December 18, 2020, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered the residual effects of this injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury, and denies that the flu immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or condition.” 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-01635-UNJ Document 50 Filed 02/10/21 Page 2 of 7 Nevertheless, on December 18, 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 $71,000.00 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-01635-UNJ Document 50 Filed 02/10/21 Page 3 of 7 Case 1:18-vv-01635-UNJ Document 50 Filed 02/10/21 Page 4 of 7 Case 1:18-vv-01635-UNJ Document 50 Filed 02/10/21 Page 5 of 7 Case 1:18-vv-01635-UNJ Document 50 Filed 02/10/21 Page 6 of 7 Case 1:18-vv-01635-UNJ Document 50 Filed 02/10/21 Page 7 of 7