VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00240
Package ID: USCOURTS-cofc-1_19-vv-00240
Petitioner: Mary Herron
Filed: 2019-02-12
Decided: 2021-07-14
Vaccine: influenza
Vaccination date: 2017-10-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 132000

AI-assisted case summary:
Mary Herron filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2019. Ms. Herron alleged that she suffered from a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Ms. Herron's injury. The parties, however, reached a settlement agreement. A joint stipulation was filed on July 14, 2021, outlining the terms of the settlement. As part of this agreement, the respondent agreed to issue a payment of $132,000.00 to Ms. Herron as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed the clerk of the court to enter judgment in accordance with this decision, awarding the agreed-upon compensation. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Leah V. Durant, Esq., represented the petitioner, and Lara A. Englund, Esq., represented the respondent.

Theory of causation field:
Petitioner Mary Herron alleged SIRVA following an influenza vaccine administered on October 6, 2017. Respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on July 14, 2021. The settlement included a lump sum payment of $132,000.00 to Ms. Herron for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed judgment. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Leah V. Durant, Esq., and respondent by Lara A. Englund, Esq.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00240-0
Date issued/filed: 2021-08-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 7/14/2021) regarding 37 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (ec) Service on parties made.
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Case 1:19-vv-00240-UNJ Document 41 Filed 08/09/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No.19-240V
Filed: July 14, 2021
* * * * * * * * * * * * *
MARY HERRON, * UNPUBLISHED
*
Petitioner, * Decision on Joint Stipulation;
* Shoulder Injury Related to
v. * Vaccine Administration
* (“SIRVA”); Influenza (“Flu”)
SECRETARY OF HEALTH * Vaccine.
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * *
Leah V. Durant, Esq., Law Office of Leah V. Durant, PLLC, Washington, DC, for petitioner.
Lara A. Englund, Esq., US Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Roth, Special Master:
On February 12, 2019, Mary Herron [“Ms. Herron” or “petitioner”] filed a petition for
compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that
she suffered from shoulder injury related to vaccine administration (“SIRVA”) after receiving an
influenza (“flu”) vaccine on October 6, 2017. Stipulation filed July 14, 2021, at ¶¶ 1-4. Respondent
denies that the immunization caused petitioner’s injury. Stipulation at ¶ 6.
1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of
Federal Claims’ website, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, 116 Stat. 2899,
2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone
with access to the internet. 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 whole Decision will be
available to the public. Id.
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).
1

Case 1:19-vv-00240-UNJ Document 41 Filed 08/09/21 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On July 14, 2021, the parties filed
a joint stipulation agreeing to settle this case and describing the settlement terms.
Respondent agrees to issue the following payment:
A lump sum of $132,000.00 in the form of a check payable to petitioner, Mary
Herron. This amount represent compensation for all damages that would be available
under § 300aa-15(a).
I adopt the parties’ stipulation attached hereto, and award compensation in the amount and
on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance
with this decision.3
IT IS SO ORDERED.
s/ Mindy Michaels Roth
Mindy Michaels Roth
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the
right to seek review.
2

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