VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01646 Package ID: USCOURTS-cofc-1_18-vv-01646 Petitioner: Rebecca Huffman Filed: 2018-10-24 Decided: 2020-06-29 Vaccine: influenza Vaccination date: 2017-01-13 Condition: right Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 72500 AI-assisted case summary: Rebecca Huffman filed a petition for vaccine compensation on October 24, 2018, alleging she suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine she received on January 13, 2017. She claimed the residual effects of the injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Huffman suffered a SIRVA Table injury or that the flu vaccine caused her condition. Despite the denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Ms. Huffman was awarded a lump sum of $72,500.00, which represents compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation and was issued on June 29, 2020, by Chief Special Master Brian H. Corcoran. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Christine Mary Becer. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Theory of causation field: Petitioner Rebecca Huffman received an influenza vaccine on January 13, 2017, and alleged a right Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. Respondent denied a SIRVA Table injury or that the vaccine caused the condition. The parties filed a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $72,500.00. The theory of causation is based on a Table injury for SIRVA, though respondent denied this. The public decision does not detail the specific mechanism, expert testimony, or evidence presented beyond the stipulation. The award was a lump sum for all damages. Chief Special Master Brian H. Corcoran issued the decision on June 29, 2020. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Christine Mary Becer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01646-0 Date issued/filed: 2020-06-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/27/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01646-UNJ Document 39 Filed 06/29/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1646V UNPUBLISHED REBECCA HUFFMAN, Chief Special Master Corcoran Petitioner, Filed: May 27, 2020 v. SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 24, 2018, Rebecca Huffman 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”) vaccination administered on January 13, 2017. Petition at 1; Stipulation, filed May 27, 2020, at ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects of her alleged injury for more than six months. Petition at 9; Stipulation at ¶¶ 4. Respondent “denies that [P]etitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused [P]etitioner to suffer from a right shoulder injury or any other injury or her current 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-01646-UNJ Document 39 Filed 06/29/20 Page 2 of 7 Nevertheless, on May 27, 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 $72,500.00 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 § 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-01646-UNJ Document 39 Filed 06/29/20 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) REBECCA HUFFMAN, ) ) Petitioner, ) ) No. l 8-1646V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) ______ Re _ spo _ nd _ ent _ . _____) ) STIPULATION The parties hereby stipulate to the following matters: I. Rebecca Huffman, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the ;