VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01959 Package ID: USCOURTS-cofc-1_18-vv-01959 Petitioner: Cynthia Jennette Filed: 2018-12-21 Decided: 2020-06-03 Vaccine: influenza Vaccination date: 2017-11-01 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62707 AI-assisted case summary: On December 21, 2018, Cynthia Jennette filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that after receiving an influenza vaccine on November 1, 2017, she suffered a left shoulder injury related to vaccine administration (SIRVA). Ms. Jennette claimed this injury was listed on the Vaccine Injury Table and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Jennette's alleged SIRVA or any other injury. The parties subsequently filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. As a result, he issued a decision awarding Ms. Jennette $62,707.59 in compensation for all damages. The stipulation also addressed future proceedings for attorneys' fees and costs. The decision was issued on June 3, 2020. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Christine Mary Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Cynthia Jennette received an influenza vaccine on November 1, 2017, and alleged a left shoulder injury related to vaccine administration (SIRVA), which is listed on the Vaccine Injury Table. She claimed residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury. The parties entered into a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The award was a lump sum of $62,707.59, representing compensation for all damages. The stipulation was signed by petitioner's counsel Jimmy A. Zgheib and respondent's counsel Christine Mary Becer. The decision date was June 3, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01959-0 Date issued/filed: 2020-07-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/03/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01959-UNJ Document 32 Filed 07/06/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1959V UNPUBLISHED CYNTHIA JENNETTE, Chief Special Master Corcoran Petitioner, Filed: June 3, 2020 v. SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 21, 2018, Cynthia Jennette 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”), an injury on the Vaccine Table, after receiving an influenza vaccine on November 1, 2017. Petition at 1, ¶¶ 4, 28-30; Stipulation, filed June 3, 2020, at ¶¶ 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 SIRVA. Petition at ¶¶ 4, 26, 32-34; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused petitioner to suffer from a left shoulder injury or 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-01959-UNJ Document 32 Filed 07/06/20 Page 2 of 7 Nevertheless, on June 3, 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 $62,707.59 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 § 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-01959-UNJ Document 32 Filed 07/06/20 Page 3 of 7 lN THI~ UNITED STATES COURT OF' 'FEDERAL CLAIMS O:FFICE OF SPECIAL MASTERS ) CYNTHIA JENNffITE, ) ) Petitioner. ) ) No. l 8-1959V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH ANO ) HUMAN SERVICESl ) ) Respondent. ) ) ·--·-·-··-·-·-··-··-·-·-- -------- STIP.ULATlON The parties ber~hy stipulate to the following matters: l. Cynthia Jennette, petitioner, .filed a petition fu1· vaedne compe11sation under tbe National Vaccine Injury Compcrwation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program''). The petitioD see.ks compensation for wjur.ies allegedly related to petitioner's receipt of an htflu.eni;a ("£hr") vac.dne., which vaccine is contained in the Vaccin(~ fojury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitionei-received. rhe fln vacr.me on November I, 2017. 3. The vaccination was administered within the United Stares. 4. Petitioner alleges (hat sht: sustained a. left shoulder injury related to vaccine admini5tration ("'SIR VA") within tl1e time period set forth in the Table, or in the alten.1.ati.ve, that her allege-cl shou.lde:r injury was Cil11scd by the vacci:ne. She t't11ther alleges that $l1e experir.nced the residual effects of her alleged injury for more than six mo.nths. 5. Petitioner represents that there has been no p1ior awai d m sett.lenient of a d vil action for damages on her behalf as a result of her ()Ondition. Case 1:18-vv-01959-UNJ Document 32 Filed 07/06/20 Page 4 of 7 6. Respondent denies that petitioner suffored a SlRVA Table injury, a11d denies that the .flu vaccine caused petitioner to suffer from a left shoulder injury or any other injury or her current condition. 7. Maintaining their above.~stated positi.ons, the parties nevertheless now agree that t.he issue.s between them shall be settled and that a d~cisiim should be tntered awarding the compensation desc1ibed in paragraph 8 of this Stipttlation. 8. As soon as practicable aft.er an entry of judgment reflecting a de1.!isi011 consistent with the terms of this Stipulation, .llld after petiliouc1· has fiied au ele.d.ion to receive compensation plu·suant to 42 U.S.C. § 300aa.21(a)(l), the Sec;reta.ry of Health and Human Services will issue the following vaccine compr.nmuion paym~nt: A lump sum of $6'.4707.59 in the. form ofa. check payable to petjt.ioner. Thls amount 1eprcsents compen:-ation for all damages that would be available uuder 42 '£J.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of Judgment on entitlemen.t .in this case, aad after petitioner ho.s filed both a propc1 and timely dection to receive compe.nsati@ pun;uant. to 42 U.S.C. § 300aa--21(a.)(1). and an apphcatmn, the parties will submit to fui:ther p.roceedings before tlrn ilpecia.l master to award reasonable attorneys' fees imd ens ts incurred in proCtiliding upon this petltion. 10. PcLitio1te1 and her attorney represent that c0mpen~ation. to be provided pw.stHmt to this Stipulation is not for any it(;filS or services for which the ·Progrrun is not primarily hable undei 42 l J.S.C. § 300aa.-l 5(g), to the exter1t that payment ha~ ht-et1 made c1r call ret1so1\ahly be expected to be made ·under any State compensation progn:ams, insurnnce policies_. Federal or State health benefits prugrams (other than Tille XIX of the Soci~:i.l Securlty Act (42 U.S.C. § 1396 et seq.)), ru· by entities that provide h~th seivices on a pre--pa1d basis. 2 Case 1:18-vv-01959-UNJ Document 32 Filed 07/06/20 Page 5 of 7 11. Payment made pmsuant to paragraph 8 of thjg Stipulation and any amount& awarded pursuant to pai-agraph 9 of this Stipnlation will b~ made m :ior.<,rdance with 42 O.S.C. § 300aa- 15(i), subject to the availability of ~uffkient statutory fun&. 12 The partie.s and their attorneys farther agree and stipulate that, except for a,~y award for attorneys' fees and Htigation costs, and pasr unreimbursed expenses, the rnoney provided pun,uant t<> this Stipulation will be used solely for the benefit of petitioner as contemplated by a sb.ict coustrnction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditinus of 42 U.S.C. § 300aa-15(g) and (h). 13. 1n rerum frir t.he payments described m paragraphs 8 and 9, petitioner, in her ind1ttidual capal'.'ity. and on ht.h3lf l)f her heirs, e.xec:utnr.-~.. adn1inistrators, ~1.1ccessor3 or assigns, does forever mevocably and ·u11condttionally l'elea.se, acquit ~md discharge the united States and the See;n:rary of lkaltb and Human Services from any and all artiom or cau~es nf aetfon (including agreements.judgments, claims, damages, lc,ss of services, expenses and al! demands of whate::,•er kind or nature) that have beeu brought, could have bef'.n hrought, or could be tlmely brought in the Court of Federal Claims, under the National Vaccir1e Injury Compensation Program, 42 U.S.C. § 300na-l Oe t seq .. on account of, or fa1 :-my way growing out of, any a11d all known or unknown, suspected OJ' unsuspected persona! injurie!l to or death of petitioner resulting from, or alleged to have rct.ultt~d from, the flu vac.dnation adr.niniste:red on November 1) 2017, ns alleged by petitioner in a petition for vacchle compensation filed on or about December 21, 2018, in the Uniterl States Court of Federal Cldinrn as petition Nf>. .18 .J 959V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable: upon pt0per notice to the Court on behalf of either or 1Joth of the parties. 3 Case 1:18-vv-01959-UNJ Document 32 Filed 07/06/20 Page 6 of 7 15. lfthe sped,11 master fails to iss-ue a decision m complete conformity wi.th the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity with a decision that 1s in complete conf<.mmty with the tenns of this St1pu]ation, the11 the pa1ties1 settlement and this Stipulatkin slk'lll be. voidable at the': sole discretion of eithe:r party. 16. This Stipulat10n expresses a full and complete negotiated settlement of liability and damages daime.d under the National Childhood Vaccine Injury Act of .I 986, as amended, except as otherwise noted in paragraph 9 above. There is ahsolnt.ely no agreement on the part of the patties hl~reto to rnakt: any payment or 1.o PE'l'l'l'IONER: ATTORNEY OF RECORD FOR A UTHORIZF,D REPRESENTATIVE PETITIONER: ~ E~~NEML~ INE E. REE\ ES Deputy Director Torts Brnm.:h Civil Divis.ion 1 U.S. Depa1tmeut. ot J usticc P.O. Box 146 Benjamin Franklin Station Washmgton, DC 1.0044-0146 AUTIIORJZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET.ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: t ~ILm6e.LJ./'-- CBj ~ ~~-·-- TAMl\.RA OVERBY Acting Director, Division of injury .f rial Attorney Compensatjon Programs T011s Branch, Civil Di vision Henlthcare Systems Hurta\! U.S. Departmeut of fostke U.S. Department of Health P.O. Bo:-:. 146 and Human Services Beujaruiu .franklin Station 5600 Fishers L:.u1e Washington, DC 20044--0146 .Parkhnxrn BlJ.ilding_, Mail Stop 08Nl46H Tel: (20.2) 616-3665 Rockville, MD 20857 /3} Dated: Li x..)