VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00246 Package ID: USCOURTS-cofc-1_19-vv-00246 Petitioner: Sandra Marin Filed: 2021-03-02 Decided: 2021-04-06 Vaccine: influenza Vaccination date: 2017-09-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40793 AI-assisted case summary: Sandra Marin filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 6, 2017. The respondent denied that Petitioner sustained a SIRVA Table injury or that the flu vaccination caused her alleged shoulder injury, a significant aggravation of an underlying shoulder condition, or any other injury or condition, and denied that her current condition is a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 2, 2021, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Pursuant to the stipulation, Sandra Marin was awarded a lump sum of $40,793.56, payable by check to Petitioner. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. The decision is unpublished and was posted on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. Theory of causation field: Petitioner Sandra Marin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 6, 2017. Respondent denied a SIRVA Table injury or causation. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $40,793.56 as a lump sum. The stipulation indicates the case was treated under the "Table" category for SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of damages beyond the total lump sum award. The decision was issued on April 6, 2021, based on a stipulation filed March 2, 2021. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Debra A. Filteau Begley. Chief Special Master Corcoran issued the decision. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00246-0 Date issued/filed: 2021-04-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/02/202) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00246-UNJ Document 37 Filed 04/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0246V UNPUBLISHED SANDRA MARIN, Chief Special Master Corcoran Petitioner, Filed: March 2, 2021 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 12, 2019, Sandra Marin 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”) as a result of an influenza (“flu”) vaccine administered on September 6, 2017. Petition at 1; Stipulation, filed at March 2, 2021, ¶¶ 2, 4. Petitioner further alleges she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 2-3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccination caused her alleged shoulder injury, a significant aggravation of an underlying shoulder condition, or any other injury or condition; and 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-00246-UNJ Document 37 Filed 04/06/21 Page 2 of 7 denies that her current condition is a sequelae of a vaccine-related injury. ” Stipulation at ¶ 6. Nevertheless, on March 2, 2021, 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 $40,793.56 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-00246-UNJ Document 37 Filed 04/06/21 Page 3 of 7 Case 1:19-vv-00246-UNJ Document 37 Filed 04/06/21 Page 4 of 7 Case 1:19-vv-00246-UNJ Document 37 Filed 04/06/21 Page 5 of 7 Case 1:19-vv-00246-UNJ Document 37 Filed 04/06/21 Page 6 of 7 Case 1:19-vv-00246-UNJ Document 37 Filed 04/06/21 Page 7 of 7