VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00100 Package ID: USCOURTS-cofc-1_19-vv-00100 Petitioner: Ana Galan Filed: 2019-01-18 Decided: 2020-08-05 Vaccine: influenza Vaccination date: 2016-11-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 103626 AI-assisted case summary: Ana Galan filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on November 3, 2016. She claimed the injury met the Vaccine Injury Table definition for SIRVA or, alternatively, was caused in fact by the vaccine. Ms. Galan stated she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for her injury. Respondent denied that Ms. Galan sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on July 1, 2020, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Galan was awarded a lump sum of $103,626.37, representing compensation for all items of damages available under the Vaccine Act. The court directed that judgment be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00100-0 Date issued/filed: 2020-08-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/02/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0100V UNPUBLISHED ANA GALAN, Chief Special Master Corcoran Petitioner, Filed: July 2, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Anne Carrion Toale, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 18, 2019, Ana Galan 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”) which meets the Vaccine Injury Table definition for SIRVA or, in the alternative, was caused in fact by the influenza vaccine she received on November 3, 2016. Petition at ¶¶ 2, 14-15, 17-18; Stipulation, filed on July 1, 2020, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccination in the United States, suffered the residual effects of her injury for more than six months, and that neither she nor any other party has brought a civil action or received an award or settlement for her injury. Petition at ¶¶ 2, 16, 19-20; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is a sequelae 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 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 2 of 7 Nevertheless, on July 1, 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 $103,626.37 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 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 3 of 7 Case 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 4 of 7 Case 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 5 of 7 Case 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 6 of 7 Case 1:19-vv-00100-UNJ Document 29 Filed 08/05/20 Page 7 of 7