VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01903 Package ID: USCOURTS-cofc-1_18-vv-01903 Petitioner: Sherri Diaz Filed: 2018-12-11 Decided: 2020-10-16 Vaccine: influenza Vaccination date: 2016-09-19 Condition: brachial neuritis of the left shoulder Outcome: compensated Award amount USD: 78740 AI-assisted case summary: Sherri Diaz filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2018, alleging she suffered brachial neuritis of the left shoulder after receiving an influenza vaccination on September 19, 2016. Ms. Diaz stated the vaccination was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for civil action damages. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused her brachial neuritis or any other injury. Despite the denial, the parties filed a joint stipulation on October 16, 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 awarding damages. Ms. Diaz was awarded a lump sum of $78,740.17, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on October 16, 2020. Petitioner's counsel was Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent's counsel was Traci R. Patton of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert testimony. Theory of causation field: Petitioner Sherri Diaz alleged brachial neuritis of the left shoulder following an influenza vaccination on September 19, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision. The award was $78,740.17. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The case was handled by attorneys Andrew Donald Downing for the petitioner and Traci R. Patton for the respondent. The decision date was October 16, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01903-0 Date issued/filed: 2020-11-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/16/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01903-UNJ Document 35 Filed 11/16/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1903V UNPUBLISHED SHERRI DIAZ, 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; Brachial Neuritis Respondent. Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 11, 2018, Sherri Diaz 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 brachial neuritis of the left shoulder after receiving an influenza vaccination on September 19, 2016. Petition at 1; Stipulation, filed at October 16, 2020, ¶¶ 3-5. 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, 5; Stipulation at ¶¶ . “Respondent denies that [P]etitioner’s influenza vaccine caused her to suffer brachial neuritis 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-01903-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 $78,740.17 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-01903-UNJ Document 35 Filed 11/16/20 Page 3 of 7 Case 1:18-vv-01903-UNJ Document 35 Filed 11/16/20 Page 4 of 7 Case 1:18-vv-01903-UNJ Document 35 Filed 11/16/20 Page 5 of 7 Case 1:18-vv-01903-UNJ Document 35 Filed 11/16/20 Page 6 of 7 Case 1:18-vv-01903-UNJ Document 35 Filed 11/16/20 Page 7 of 7