VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01987 Package ID: USCOURTS-cofc-1_18-vv-01987 Petitioner: Lisa J. Groeneweg Filed: 2021-02-16 Decided: 2021-03-19 Vaccine: influenza Vaccination date: 2015-12-29 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Lisa Groeneweg filed a petition for compensation under the National Vaccine Injury Compensation Program on February 16, 2021. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on December 29, 2015. Petitioner claimed that her SIRVA onset occurred within the time period set forth in the Vaccine Injury Table and that she experienced residual effects for more than six months. Respondent denied that petitioner sustained a Table SIRVA within the timeframe, denied that her alleged SIRVA resulted in residual effects for more than six months, and denied that the flu immunization caused or significantly aggravated her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation on February 9, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Groeneweg was awarded a lump sum of $50,000.00, representing 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-01987-0 Date issued/filed: 2021-03-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/16/2021) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01987-UNJ Document 55 Filed 03/19/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1987V UNPUBLISHED LISA J. GROENEWEG, Chief Special Master Corcoran Petitioner, Filed: February 16, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On December 27, 2018, Lisa Groeneweg 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 her receipt of an influenza (“flu”) vaccination on December 29, 2015. Petition at 1; Stipulation, filed at February 9, 2021, ¶¶ 2, 4. Petitioner further alleges that she sustained onset of her left SIRVA within the time period set forth in the Table and that she experienced residual effects of this injury for more than six months. Petition at 1, 5, and 7; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table; denies that her alleged SIRVA resulted in residual effects for more than six months; and denies that the flu immunization caused or significantly aggravated petitioner’s alleged shoulder injury and/or any other 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-01987-UNJ Document 55 Filed 03/19/21 Page 2 of 7 Nevertheless, on February 9, 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 $50,000.00 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-01987-UNJ Document 55 Filed 03/19/21 Page 3 of 7 Case 1:18-vv-01987-UNJ Document 55 Filed 03/19/21 Page 4 of 7 Case 1:18-vv-01987-UNJ Document 55 Filed 03/19/21 Page 5 of 7 Case 1:18-vv-01987-UNJ Document 55 Filed 03/19/21 Page 6 of 7 Case 1:18-vv-01987-UNJ Document 55 Filed 03/19/21 Page 7 of 7