VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01892 Package ID: USCOURTS-cofc-1_18-vv-01892 Petitioner: Laura Lind Filed: 2020-07-06 Decided: 2020-08-05 Vaccine: influenza Vaccination date: 2016-09-22 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Laura Lind filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination administered on September 22, 2016. She claimed her symptoms began within 48 hours of vaccination and persisted for more than six months. Respondent denied that the flu vaccine caused her injury or that it constituted a SIRVA Table Injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Laura Lind was awarded a lump sum of $30,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on August 5, 2020, following the stipulation filed on July 1, 2020, and the petition filed on July 6, 2020. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01892-0 Date issued/filed: 2020-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/06/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01892-UNJ Document 33 Filed 08/05/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1892V UNPUBLISHED LAURA LIND, Chief Special Master Corcoran Petitioner, Filed: July 6, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Amy Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 10, 2018, Laura Lind 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 left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza (“flu”) vaccination administered on September 22, 2016. Petition at 1; Stipulation, filed at July 1, 2020, ¶¶ 4. Petitioner further alleges that her symptoms began within 48 hours of vaccination and that she suffered the residual effects of this injury for more than six months. Petition at 1; Stipulation at ¶¶ 4. “Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury, and further denies that petitioner suffered a SIRVA Table Injury. ” Stipulation at ¶ 6. Nevertheless, on July 1, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation 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-01892-UNJ Document 33 Filed 08/05/20 Page 2 of 7 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 $30,000.00 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-01892-UNJ Document 33 Filed 08/05/20 Page 3 of 7 Case 1:18-vv-01892-UNJ Document 33 Filed 08/05/20 Page 4 of 7 Case 1:18-vv-01892-UNJ Document 33 Filed 08/05/20 Page 5 of 7 Case 1:18-vv-01892-UNJ Document 33 Filed 08/05/20 Page 6 of 7 Case 1:18-vv-01892-UNJ Document 33 Filed 08/05/20 Page 7 of 7