VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01677 Package ID: USCOURTS-cofc-1_18-vv-01677 Petitioner: Debra H. Childress Filed: 2018-10-31 Decided: 2020-08-05 Vaccine: influenza Vaccination date: 2016-10-14 Condition: permanent indentation in her left shoulder Outcome: compensated Award amount USD: 12000 AI-assisted case summary: Debra H. Childress filed a petition on October 31, 2018, alleging that she suffered a permanent indentation in her left shoulder as a result of receiving influenza and Tdap vaccines in her left shoulder on October 14, 2016. She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the vaccines caused a permanent indentation or any other injury. Nevertheless, on July 6, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Pursuant to the stipulation, Debra H. Childress was awarded a lump sum of $12,000.00 as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by Elizabeth Martin Muldowney of Sands Anderson PC, and respondent was represented by Lynn Christina Schlie of the U.S. Department of Justice. Theory of causation field: Petitioner Debra H. Childress alleged that on October 14, 2016, she received influenza and Tdap vaccines in her left shoulder, resulting in a permanent indentation in that shoulder and residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation on July 6, 2020, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner was awarded $12,000.00 as a lump sum. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. Petitioner was represented by Elizabeth Martin Muldowney, and respondent was represented by Lynn Christina Schlie. Chief Special Master Brian H. Corcoran issued the decision on August 5, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01677-0 Date issued/filed: 2020-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/06/2020) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01677-UNJ Document 41 Filed 08/05/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1677V UNPUBLISHED DEBRA H. CHILDRESS, Chief Special Master Corcoran Petitioner, Filed: July 6, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) Vaccine; Influenza (Flu Vaccine); Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Elizabeth Martin Muldowney, Sands Anderson PC, Richmond, VA, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 31, 2018, Debra H. Childress 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 permanent indentation in her left shoulder as a result of receiving an influenza (“flu”) and tetanus diphtheria acellular pertussis (Tdap) vaccines in her left shoulder on October 14, 2016. Petition at 1-2; Stipulation, filed at July 6, 2020, ¶¶ 4, 6. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petition at 3; Stipulation at ¶¶ 4, 6. “Respondent denies that petitioner sustained a permanent indentation in her left shoulder following the flu and Tdap vaccinations, and further denies that the vaccines caused petitioner to suffer 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-01677-UNJ Document 41 Filed 08/05/20 Page 2 of 7 Nevertheless, on July 6, 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 $12,000.00, 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-01677-UNJ Document 41 Filed 08/05/20 Page 3 of 7 Case 1:18-vv-01677-UNJ Document 41 Filed 08/05/20 Page 4 of 7 Case 1:18-vv-01677-UNJ Document 41 Filed 08/05/20 Page 5 of 7 Case 1:18-vv-01677-UNJ Document 41 Filed 08/05/20 Page 6 of 7 Case 1:18-vv-01677-UNJ Document 41 Filed 08/05/20 Page 7 of 7