VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01973 Package ID: USCOURTS-cofc-1_18-vv-01973 Petitioner: Barbara Longo Filed: 2021-03-02 Decided: 2021-04-06 Vaccine: influenza Vaccination date: 2017-12-19 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Barbara Longo filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 19, 2017. The petition stated that the vaccine was administered within the United States, that Ms. Longo experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that petitioner sustained a SIRVA Table injury following the flu vaccination and denied that the vaccine caused petitioner's shoulder injury or any other injury or her current condition. Despite the denial, the parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Ms. Longo was awarded a lump sum of $55,000.00, payable to Petitioner, as compensation for all items of damages. The decision was issued on April 6, 2021. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Lynn Christina Schlie of the U.S. Department of Justice. Theory of causation field: Petitioner Barbara Longo alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on December 19, 2017. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted as his decision. The stipulation resulted in an award of $55,000.00. 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 relied upon was a "Table" injury, as indicated by the SIRVA designation, though respondent contested this. The decision date was April 6, 2021. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Lynn Christina Schlie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01973-0 Date issued/filed: 2021-04-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/02/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01973-UNJ Document 42 Filed 04/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1973V UNPUBLISHED BARBARA LONGO, Chief Special Master Corcoran Petitioner, Filed: March 2, 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. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 27, 2018, Barbara Longo 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 December 19, 2017. Petition at 1; Stipulation, filed on March 2, 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 injury 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 1-3; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury following the flu vaccination, and further denies that the vaccine caused petitioner to suffer a 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-01973-UNJ Document 42 Filed 04/06/21 Page 2 of 7 Nevertheless, on March 2, 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 $55,000.00 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-01973-UNJ Document 42 Filed 04/06/21 Page 3 of 7 Case 1:18-vv-01973-UNJ Document 42 Filed 04/06/21 Page 4 of 7 Case 1:18-vv-01973-UNJ Document 42 Filed 04/06/21 Page 5 of 7 Case 1:18-vv-01973-UNJ Document 42 Filed 04/06/21 Page 6 of 7 Case 1:18-vv-01973-UNJ Document 42 Filed 04/06/21 Page 7 of 7