VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00178 Package ID: USCOURTS-cofc-1_19-vv-00178 Petitioner: Cynthia McVeigh Filed: 2019-01-31 Decided: 2020-12-15 Vaccine: influenza Vaccination date: 2017-10-11 Condition: left shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 73000 AI-assisted case summary: Cynthia McVeigh filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2019. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 11, 2017. Ms. McVeigh stated that the vaccine was administered in the United States, that she experienced residual effects of her alleged injury for more than six months, and that she had not received a prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. McVeigh suffered a SIRVA Table injury and denied that the flu vaccine caused her left shoulder injury or any other injury or current condition. Despite the respondent's denial, the parties filed a joint stipulation for compensation on November 13, 2020. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision in the case. Pursuant to the stipulation, Ms. McVeigh was awarded a lump sum of $73,000.00, payable by check to the Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision does not name petitioner's counsel or respondent's counsel, nor does it detail the specific mechanism of injury or expert testimony. Theory of causation field: Petitioner Cynthia McVeigh alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 11, 2017. The respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $73,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the specific Table under which the injury was compensated, only that it was a SIRVA Table injury. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00178-0 Date issued/filed: 2020-12-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/13/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0178V UNPUBLISHED CYNTHIA MCVEIGH, Chief Special Master Corcoran Petitioner, Filed: November 13, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 31, 2019, Cynthia McVeigh 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 an influenza (“flu”) vaccine received on October 11, 2017. Petition at 1; Stipulation, filed November 13, 2020, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her alleged injury for more than six months, and 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, 5; 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 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 2 of 7 Nevertheless, on November 13, 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 $73,000.00 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 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 3 of 7 Case 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 4 of 7 Case 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 5 of 7 Case 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 6 of 7 Case 1:19-vv-00178-UNJ Document 33 Filed 12/15/20 Page 7 of 7