VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00215 Package ID: USCOURTS-cofc-1_19-vv-00215 Petitioner: Scheila Leslie Filed: 2020-08-24 Decided: 2020-09-24 Vaccine: influenza Vaccination date: 2017-10-16 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Scheila Leslie filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2020, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on October 16, 2017. She further alleged that she experienced residual effects for more than six months. The respondent denied that petitioner 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 sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 19, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. He adopted the stipulation as his decision and awarded Scheila Leslie a lump sum of $40,000.00 as compensation for all items of damages. The decision was issued on September 24, 2020. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Scheila Leslie alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 16, 2017, with residual effects lasting more than six months. Respondent denied a Table injury, causation, and sequela. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted. The decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation. Compensation was awarded as a lump sum of $40,000.00 for all damages. Decision date: September 24, 2020. Petitioner's counsel: Amy A. Senerth. Respondent's counsel: Colleen Clemons Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00215-0 Date issued/filed: 2020-09-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/24/2020) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00215-UNJ Document 38 Filed 09/24/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0215V UNPUBLISHED SCHEILA LESLIE, Chief Special Master Corcoran Petitioner, Filed: August 24, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 7, 2019, Scheila Leslie 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”) vaccination received on October 16, 2017. Petition at 1; Stipulation, filed on August 19, 2020, at ¶¶ 1, 2. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 1; Stipulation at ¶ 4. “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 sequela 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-00215-UNJ Document 38 Filed 09/24/20 Page 2 of 7 Nevertheless, on August 19, 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 $40,000.00 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-00215-UNJ Document 38 Filed 09/24/20 Page 3 of 7 Case 1:19-vv-00215-UNJ Document 38 Filed 09/24/20 Page 4 of 7 Case 1:19-vv-00215-UNJ Document 38 Filed 09/24/20 Page 5 of 7 Case 1:19-vv-00215-UNJ Document 38 Filed 09/24/20 Page 6 of 7 Case 1:19-vv-00215-UNJ Document 38 Filed 09/24/20 Page 7 of 7