VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01889 Package ID: USCOURTS-cofc-1_18-vv-01889 Petitioner: Doretha Deveer Filed: 2021-03-30 Decided: 2021-04-30 Vaccine: influenza Vaccination date: 2017-11-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Doretha Deveer filed a petition on December 10, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 7, 2017. Ms. Deveer stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had not received any prior award or settlement for this condition. The respondent denied that Ms. Deveer sustained a SIRVA Table injury or that the flu immunization caused her alleged shoulder injury. Despite the denial, the parties filed a joint stipulation on March 30, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Ms. Deveer was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on April 30, 2021. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Camille Michelle Collett. Theory of causation field: Petitioner Doretha Deveer alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 7, 2017. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation for compensation on March 30, 2021. The Special Master adopted the stipulation, awarding $45,000.00 as a lump sum for all damages under Section 15(a). The specific mechanism of injury, medical experts, or detailed clinical facts were not described in the public decision, which was based on a stipulation. The theory of causation was based on the "Table" for SIRVA. The decision was issued by Chief Special Master Brian H. Corcoran on April 30, 2021. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01889-0 Date issued/filed: 2021-04-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/30/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01889-UNJ Document 40 Filed 04/30/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1889V UNPUBLISHED DORETHA DEVEER, Chief Special Master Corcoran Petitioner, Filed: March 30, 2021 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 VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 10, 2018, Doretha Deveer 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”) vaccine administered on November 7, 2017. Petition at 1; Stipulation, filed on March 30, 2021, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine 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 of a civil action for damages on her behalf as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury and denies that the flu immunization is the cause of petitioner’s alleged shoulder injury, or any other injury or 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-01889-UNJ Document 40 Filed 04/30/21 Page 2 of 7 Nevertheless, on March 30, 2021, 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 $45,000.00 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-01889-UNJ Document 40 Filed 04/30/21 Page 3 of 7 Case 1:18-vv-01889-UNJ Document 40 Filed 04/30/21 Page 4 of 7 Case 1:18-vv-01889-UNJ Document 40 Filed 04/30/21 Page 5 of 7 Case 1:18-vv-01889-UNJ Document 40 Filed 04/30/21 Page 6 of 7 Case 1:18-vv-01889-UNJ Document 40 Filed 04/30/21 Page 7 of 7