VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01742 Package ID: USCOURTS-cofc-1_18-vv-01742 Petitioner: Jacqueline Weaver Filed: 2020-08-07 Decided: 2020-09-14 Vaccine: influenza Vaccination date: 2017-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 98323 AI-assisted case summary: Jacqueline Weaver filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2017. Petitioner claimed the injury met the Table definition for SIRVA and that she experienced residual effects for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury, or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on August 6, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms. Weaver was awarded a lump sum of $98,323.91, representing compensation for all available damages. The decision was issued on September 14, 2020. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Lisa Ann Watts. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Theory of causation field: Petitioner Jacqueline Weaver alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2017, which she claimed met the Table definition for SIRVA and resulted in residual effects for more than six months. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award was a lump sum of $98,323.91. The public text indicates the theory of causation was based on the "Table" definition for SIRVA, but does not detail specific medical experts, competing medical theories, or the mechanism of injury. Petitioner was represented by Jeffrey S. Pop, and respondent by Lisa Ann Watts. The decision date was September 14, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01742-0 Date issued/filed: 2020-09-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/07/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01742-UNJ Document 36 Filed 09/14/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1742V UNPUBLISHED JACQUELINE WEAVER, Chief Special Master Corcoran Petitioner, Filed: August 7, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 8, 2018, Jacqueline Weaver 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”) which meets the Table definition for SIRVA after receiving the influenza vaccine on October 2, 2017. Petition at 1; Stipulation, filed at Aug. 6, 2020, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccination in the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injury, alleged as vaccine caused. Petition at 1, ¶¶ 27, 29; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury, denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and further denies that petitioner’s current disabilities are sequelae of a vaccine-related injury.” 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-01742-UNJ Document 36 Filed 09/14/20 Page 2 of 7 Nevertheless, on August 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 $98,323.91 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-01742-UNJ Document 36 Filed 09/14/20 Page 3 of 7 Case 1:18-vv-01742-UNJ Document 36 Filed 09/14/20 Page 4 of 7 Case 1:18-vv-01742-UNJ Document 36 Filed 09/14/20 Page 5 of 7 Case 1:18-vv-01742-UNJ Document 36 Filed 09/14/20 Page 6 of 7 Case 1:18-vv-01742-UNJ Document 36 Filed 09/14/20 Page 7 of 7