VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00295 Package ID: USCOURTS-cofc-1_19-vv-00295 Petitioner: Becky Bangs Filed: 2019-03-03 Decided: 2021-04-06 Vaccine: influenza Vaccination date: 2017-10-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Becky Bangs filed a petition on March 3, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 5, 2017. Ms. Bangs stated she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for her condition. The respondent denied that Ms. Bangs suffered a SIRVA Table injury or that the flu vaccine caused her injury. Despite the denial, the parties filed a joint stipulation on March 2, 2021, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Bangs was awarded a lump sum of $50,000, payable to Petitioner, as compensation for all items of damages available under Section 15(a). The case was compensated based on this stipulation. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Christine Mary Becer of the U.S. Department of Justice. Theory of causation field: Petitioner Becky Bangs alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 5, 2017. Respondent denied a SIRVA Table injury or causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $50,000 as a lump sum for all damages under Section 15(a). The decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The case was compensated based on a stipulation, with the theory of causation being a "Table" injury, as indicated by the raw data, though not explicitly detailed in the decision text. Petitioner was represented by Amy A. Senerth and Respondent by Christine Mary Becer. The decision was issued on April 6, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00295-0 Date issued/filed: 2021-04-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/03/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00295-UNJ Document 38 Filed 04/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0295V UNPUBLISHED BECKY BANGS, Chief Special Master Corcoran Petitioner, Filed: March 3, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 25, 2019, Becky Bangs 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 October 5, 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 that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused [P]etitioner to suffer from a right 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-00295-UNJ Document 38 Filed 04/06/21 Page 2 of 7 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 $50,000 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-00295-UNJ Document 38 Filed 04/06/21 Page 3 of 7 Case 1:19-vv-00295-UNJ Document 38 Filed 04/06/21 Page 4 of 7 Case 1:19-vv-00295-UNJ Document 38 Filed 04/06/21 Page 5 of 7 Case 1:19-vv-00295-UNJ Document 38 Filed 04/06/21 Page 6 of 7 Case 1:19-vv-00295-UNJ Document 38 Filed 04/06/21 Page 7 of 7