VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01802 Package ID: USCOURTS-cofc-1_18-vv-01802 Petitioner: Geneva Wilson Filed: 2020-10-16 Decided: 2020-11-16 Vaccine: influenza Vaccination date: 2017-09-13 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60707 AI-assisted case summary: Geneva Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on September 13, 2017. She stated that the vaccination occurred in the United States, that her condition had residual effects for more than six months, and that she had not received any prior award or settlement for civil action related to her injuries. Respondent denied that Ms. Wilson sustained a SIRVA Table injury and denied that the flu vaccine caused her alleged shoulder injury or current condition. Despite these denials, the parties filed a joint stipulation on October 16, 2020, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Wilson was awarded a lump sum of $60,707.30, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01802-0 Date issued/filed: 2020-11-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 34 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01802-UNJ Document 35 Filed 11/16/20 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1802V UNPUBLISHED GENEVA WILSON, Chief Special Master Corcoran Petitioner, Filed: October 16, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Leah V. Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On November 21, 2018, Geneva Wilson 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 Shoulder Injury Related to Vaccine Administration (SIRVA), resulting from adverse effects of an influenza (flu) vaccination she received on September 13, 2017. Petition at 1; Stipulation, filed at October 16, 2020, ¶ 1. Petitioner further alleges that the vaccination was administered within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no prior award or settlement for civil action for damages on her behalf as a result of her injuries. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury and denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine. Respondent further denies that the flu vaccine caused [P]etitioner 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-01802-UNJ Document 35 Filed 11/16/20 Page 2 of 7 Nevertheless, on October 16, 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 $60,707.30 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-01802-UNJ Document 35 Filed 11/16/20 Page 3 of 7 Case 1:18-vv-01802-UNJ Document 35 Filed 11/16/20 Page 4 of 7 Case 1:18-vv-01802-UNJ Document 35 Filed 11/16/20 Page 5 of 7 Case 1:18-vv-01802-UNJ Document 35 Filed 11/16/20 Page 6 of 7 Case 1:18-vv-01802-UNJ Document 35 Filed 11/16/20 Page 7 of 7