VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00303 Package ID: USCOURTS-cofc-1_19-vv-00303 Petitioner: B.J.S. Filed: 2021-01-27 Decided: 2021-06-10 Vaccine: influenza Vaccination date: 2017-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95877 AI-assisted case summary: On January 27, 2021, B.J.S. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 15, 2017. The petitioner claimed to have experienced residual effects of this injury for more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury or that the vaccine caused any injury or the petitioner's current condition. Despite the respondent's denial, on January 26, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. B.J.S. was awarded a lump sum of $95,877.03, payable by check to the petitioner, representing compensation for all eligible damages. The decision directed the clerk of the court to enter judgment accordingly, unless a motion for review was filed. Theory of causation field: Petitioner B.J.S. alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2017, with residual effects lasting more than six months. Respondent denied that the vaccine caused a SIRVA Table injury or any other injury. The parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $95,877.03. The public decision does not detail the specific medical theory of causation, expert testimony, or the mechanism of injury. Attorneys for the petitioner were Nancy Routh Meyers and for the respondent were Lynn Christina Schlie. The decision was issued on June 10, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00303-0 Date issued/filed: 2021-06-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/27/2021) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00303-UNJ Document 48 Filed 06/10/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0303V UNPUBLISHED B.J.S., Chief Special Master Corcoran Petitioner, Filed: January 27, 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) Nancy Routh Meyers, Turning Point Litigation, Greensboro, NC, for petitioner. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 26, 2019, Bay Scroggins 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 he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (“flu”) vaccination administered on October 15, 2017. Petition at 1, 6; Stipulation, filed at January 26, 2021, ¶¶ 2, 4. Petitioner further alleges that he experienced the residual effects of this injury for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury following the flu vaccination, and further denies that the vaccine caused petitioner to suffer a shoulder injury or any other injury or his 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-00303-UNJ Document 48 Filed 06/10/21 Page 2 of 7 Nevertheless, on January 26, 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 $95,877.03 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-00303-UNJ Document 48 Filed 06/10/21 Page 3 of 7 Case 1:19-vv-00303-UNJ Document 48 Filed 06/10/21 Page 4 of 7 Case 1:19-vv-00303-UNJ Document 48 Filed 06/10/21 Page 5 of 7 Case 1:19-vv-00303-UNJ Document 48 Filed 06/10/21 Page 6 of 7 Case 1:19-vv-00303-UNJ Document 48 Filed 06/10/21 Page 7 of 7