VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01700 Package ID: USCOURTS-cofc-1_18-vv-01700 Petitioner: Anne Doetkott Filed: 2018-11-02 Decided: 2021-02-10 Vaccine: influenza Vaccination date: 2015-11-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 116513 AI-assisted case summary: Anne Doetkott filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on November 6, 2015. The respondent conceded that Ms. Doetkott satisfied the criteria for a SIRVA injury as set forth in the revised Vaccine Injury Table and that she experienced residual effects for more than six months. Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, on December 23, 2020, the parties filed a joint stipulation for damages. The court adopted the stipulation, awarding Ms. Doetkott a lump sum of $107,965.05 for pain and suffering and $8,548.70 to reimburse a Medicaid lien. These amounts represent compensation for all items of damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01700-0 Date issued/filed: 2019-12-20 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 10/21/2019) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01700-UNJ Document 31 Filed 12/20/19 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1700V Filed: October 21, 2019 UNPUBLISHED ANNE DOETKOTT, Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine HUMAN SERVICES, Administration (SIRVA) Respondent. John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. RULING ON ENTITLEMENT1 Corcoran, Chief Special Master: On November 2, 2018, petitioner 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on November 6, 2015. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. 1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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). 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-01700-UNJ Document 31 Filed 12/20/19 Page 2 of 2 On October 18, 2019, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that “petitioner has satisfied the criteria set forth in the revised Vaccine Injury Table and Qualifications and Aids to Interpretation.” Id. at 5. Respondent further agrees that “the medical records demonstrate that petitioner has experienced the residual effects of her SIRVA for more than six months.” Id. In view of respondent’s position and the evidence of record, I find that petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_18-vv-01700-1 Date issued/filed: 2021-02-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/28/2020) regarding 51 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01700-UNJ Document 61 Filed 02/10/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1700V UNPUBLISHED ANNE DOETKOTT, Chief Special Master Corcoran Petitioner, Filed: December 28, 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. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 2, 2018, Anne Doetkott 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza vaccination administered on November 6, 2015. Petition at 1; Stipulation, filed on December 23, 2020, at ¶¶ 2, 4. Petitioner further alleges she received the vaccine in the United States, that she experienced 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 for damages as a result of her alleged condition. Petition at 14; Stipulation at ¶¶ 3-4, 6. On December 23, 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. 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-01700-UNJ Document 61 Filed 02/10/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $107,965.05 in the form of a check payable to Petitioner; and • A lump sum of $8,548.70 (which represents reimbursement for a Medicaid lien for vaccine injury-related services rendered on behalf of Petitioner) in the form of a check payable jointly to Petitioner and HealthPartners (Tax ID No. 41-1693838) P.O. Box 1309 Mail Stop 21114A Minneapolis, Minnesota 55440 Stipulation at ¶ 8. These amounts represent 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-01700-UNJ Document 61 Filed 02/10/21 Page 3 of 7 Case 1:18-vv-01700-UNJ Document 61 Filed 02/10/21 Page 4 of 7 Case 1:18-vv-01700-UNJ Document 61 Filed 02/10/21 Page 5 of 7 Case 1:18-vv-01700-UNJ Document 61 Filed 02/10/21 Page 6 of 7 Case 1:18-vv-01700-UNJ Document 61 Filed 02/10/21 Page 7 of 7