VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00336 Package ID: USCOURTS-cofc-1_19-vv-00336 Petitioner: Colleen Garton Filed: 2020-12-18 Decided: 2021-02-08 Vaccine: influenza Vaccination date: 2017-10-27 Condition: left shoulder injuries related to the influenza vaccination (SIRVA) Outcome: compensated Award amount USD: 36225 AI-assisted case summary: Colleen Garton filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2020, alleging she suffered left shoulder injuries related to the influenza vaccination she received on October 27, 2017. Petitioner alleged the vaccination was administered in the United States, that she experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action on her behalf. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Despite the denial, the parties filed a joint stipulation on December 17, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Colleen Garton was awarded a lump sum of $36,225.18, representing compensation for all items of damages available under the program. The decision was issued on February 8, 2021. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The names of petitioner counsel and respondent counsel were provided as Amy A. Senerth and Lynn Christina Schlie, respectively. Theory of causation field: Petitioner Colleen Garton alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 27, 2017. Respondent denied a SIRVA Table injury or vaccine causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. Petitioner was awarded $36,225.18. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on a Table injury, as indicated by the stipulation, despite respondent's denial. Decision Date: February 8, 2021. Petitioner Counsel: Amy A. Senerth. Respondent Counsel: Lynn Christina Schlie. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00336-0 Date issued/filed: 2021-02-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/18/2020) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00336-UNJ Document 31 Filed 02/08/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-336V UNPUBLISHED COLLEEN GARTON, Chief Special Master Corcoran Petitioner, Filed: December 18, 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. Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 6, 2019, Colleen Garton 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 left shoulder injuries related to the influenza vaccination (SIRVA) she received on October 27, 2017. Petition at 1; Stipulation, filed at December 17, 2020, ¶¶ 1-2. Petitioner further alleges the vaccination was administered in the United States, she experienced the residual effects of this injury for more than six months, and there has been no prior award or settlement of a civil action on her behalf as a result of her condition. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury following the flu vaccination, and further denies that the vaccine caused [P]etitioner to suffer a 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-00336-UNJ Document 31 Filed 02/08/21 Page 2 of 7 Nevertheless, on December 17, 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 $36,225.18 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-00336-UNJ Document 31 Filed 02/08/21 Page 3 of 7 Case 1:19-vv-00336-UNJ Document 31 Filed 02/08/21 Page 4 of 7 Case 1:19-vv-00336-UNJ Document 31 Filed 02/08/21 Page 5 of 7 Case 1:19-vv-00336-UNJ Document 31 Filed 02/08/21 Page 6 of 7 Case 1:19-vv-00336-UNJ Document 31 Filed 02/08/21 Page 7 of 7