VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01972 Package ID: USCOURTS-cofc-1_18-vv-01972 Petitioner: Dawne Harris Filed: 2021-03-24 Decided: 2021-04-27 Vaccine: influenza Vaccination date: 2017-11-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52500 AI-assisted case summary: Dawne Harris filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 6, 2017. She stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and she had no prior award or settlement for this condition. Respondent denied that Ms. Harris sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 23, 2021, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Harris was awarded a lump sum of $52,500.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01972-0 Date issued/filed: 2021-04-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/24/2021) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01972-UNJ Document 39 Filed 04/27/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1972V UNPUBLISHED DAWNE HARRIS, Chief Special Master Corcoran Petitioner, Filed: March 24, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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. Adriana Ruth Teitel, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 27, 2018, Dawne Harris 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 6, 2017. Petition at 1; Stipulation, filed on March 23, 2021 at ¶¶ 2, 4. Petitioner further alleges she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as result of her alleged condition. Petition at 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” 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-01972-UNJ Document 39 Filed 04/27/21 Page 2 of 7 Nevertheless, on March 23, 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 $52,500.00 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-01972-UNJ Document 39 Filed 04/27/21 Page 3 of 7 Case 1:18-vv-01972-UNJ Document 39 Filed 04/27/21 Page 4 of 7 Case 1:18-vv-01972-UNJ Document 39 Filed 04/27/21 Page 5 of 7 Case 1:18-vv-01972-UNJ Document 39 Filed 04/27/21 Page 6 of 7 Case 1:18-vv-01972-UNJ Document 39 Filed 04/27/21 Page 7 of 7