VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00180
Package ID: USCOURTS-cofc-1_19-vv-00180
Petitioner: Misty Hernandez
Filed: 2019-01-31
Decided: 2022-09-27
Vaccine: influenza
Vaccination date: 2016-09-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 43448

AI-assisted case summary:
Misty Hernandez filed a petition on January 31, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 15, 2016. The respondent denied that Ms. Hernandez sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, both parties agreed to settle the case. Special Master Katherine E. Oler reviewed the file and adopted the parties' stipulation as the court's decision. The stipulation awarded Misty Hernandez a lump sum of $42,500.00, payable to her, and a lump sum of $948.07 to reimburse a Medicaid lien for services rendered by the State of Texas, Cigna Medicare STAR+PLUS. This latter amount was to be paid jointly to Ms. Hernandez and The Rawlings Company, with Ms. Hernandez agreeing to endorse the check. The total award represents compensation for all damages available under the Act. The decision was entered on September 27, 2022. Petitioner was represented by Jeffrey Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Nancy Tinch of the U.S. Department of Justice.

Theory of causation field:
Petitioner Misty Hernandez alleged a Table shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 15, 2016. Respondent denied the alleged SIRVA and causation. The parties reached a stipulation to settle the case. The stipulation awarded Petitioner $42,500.00 as a lump sum and $948.07 for a Medicaid lien reimbursement. Special Master Katherine E. Oler adopted the stipulation as the decision. The public text does not detail the specific medical mechanism, expert testimony, or the reasoning behind the stipulation beyond the parties' agreement to settle. The attorneys involved were Jeffrey Pop for Petitioner and Nancy Tinch for Respondent. The decision date was September 27, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00180-0
Date issued/filed: 2022-09-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 7/11/2022) regarding 55 DECISION of Special Master - Stipulation. Signed by Special Master Katherine E. Oler. (emh) Service on parties made.
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Case 1:19-vv-00180-UNJ Document 61 Filed 09/27/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-180V
(not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
MISTY HERNANDEZ,
*
* Filed: July 11, 2022
Petitioner, *
*
*
v. * Decision by Stipulation; Damages;
* Influenza (“Flu”) Vaccine; Shoulder
SECRETARY OF HEALTH AND * Injury Related to Vaccine Administration
HUMAN SERVICES, * (“SIRVA”).
*
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * *
Jeffrey Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner
Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent
DECISION ON JOINT STIPULATION1
On January 31, 2019, Misty Hernandez (“Petitioner”) filed a petition, seeking
compensation under the National Vaccine Injury Compensation Program (“the Vaccine
Program”).2 Pet., ECF No. 1. Petitioner alleges she suffered from a Table shoulder injury related
to vaccine administration (“SIRVA”) as a result of the influenza (“flu”) vaccination she received
on September 15, 2016. See Stipulation ¶ 2, 4, dated July 6, 2022 (ECF No. 54); see also Petition.
Respondent denies “that petitioner sustained a SIRVA Table injury ; denies that the fl
1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted
on the Court of Federal Claims’ website in accordance with the E-Government Act of 2002, 44 U.S.C. §
3501 (2012). This means the Decision will be available to anyone with access to the internet. As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the Decision’s inclusion of
certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen
days within which to request redaction “of any information furnished by that party: (1) that is a trade secret
or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files
or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.”
Vaccine Rule 18(b). Otherwise, the Decision in its present form will be available. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L.
No. 99-660, 100 Stat. 3755 (codified as amended at 42 U.S.C. §§ 300aa-10–34 (2012)) (hereinafter
“Vaccine Act” or “the Act”). All subsequent references to sections of the Vaccine Act shall be to the
pertinent subparagraph of 42 U.S.C. § 300aa.

Case 1:19-vv-00180-UNJ Document 61 Filed 09/27/22 Page 2 of 8
vaccine caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s current
condition is a sequela of a vaccine-related injury.” See Stipulation ¶ 6. Nonetheless, both parties,
while maintaining their above-stated positions, agreed in a stipulation filed July 6, 2022 that the
issues before them can be settled and that a decision should be entered awarding Petitioner
compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth
therein.
The stipulation awards:
1. A lump sum of $42,500.00 in the form of a check payable to petitioner; and
2. A lump sum of $948.07, representing reimbursement of a Medicaid lien for services
rendered to petitioner by the State of Texas, Cigna Medicare STAR+PLUS, in the form of
a check payable jointly to petitioner and The Rawlings Company:
The Rawlings Company
ATTN: PS AutoHx
Reference No.: 119693643
P.O. Box 2000
La Grange, KY 40031-2000
Petitioner agrees to endorse this check payable to the Rawlings Company.
Stipulation ¶ 8. This award represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a).
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
s/ Katherine E. Oler
Katherine E. Oler
Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice
renouncing their right to seek review.

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