VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00343
Package ID: USCOURTS-cofc-1_19-vv-00343
Petitioner: Pamela Vibbard
Filed: 2020-07-16
Decided: 2020-08-18
Vaccine: influenza
Vaccination date: 2016-11-15
Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 35500

AI-assisted case summary:
Pamela Vibbard filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2019. She alleged that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination administered on November 15, 2016, and that she experienced residual effects for more than six months. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, on July 15, 2020, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision. Ms. Vibbard was awarded a lump sum of $35,500.00, payable by check to the Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Pamela Vibbard alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 15, 2016, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation, or sequelae. The parties filed a joint stipulation for compensation on July 15, 2020. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $35,500.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Petitioner counsel was Ronald Craig Homer; respondent counsel was Lara Ann Englund. Decision date was August 18, 2020.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00343-0
Date issued/filed: 2020-08-18
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/16/2020) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00343-UNJ Document 41 Filed 08/18/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0343V
UNPUBLISHED
PAMELA VIBBARD, Chief Special Master Corcoran
Petitioner, Filed: July 16, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On March 5, 2019, Pamela Vibbard 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 left Shoulder Injury Related to
Vaccine Administration (SIRVA) as a result of an influenza (“flu”) vaccination
administered on November 15, 2016. Petition at 1; Stipulation, filed at July 15, 2020, ¶¶
2, 4. Petitioner further alleges that she experienced the residual effects of this condition
for more than six months. Petition at 9; Stipulation at ¶ 4. “Respondent denies that
petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s
alleged shoulder injury, or any other injury; and denies that her current condition is a
sequelae of a vaccine-related injury ” Stipulation at ¶ 6.
Nevertheless, on July 15, 2020, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. I find the stipulation
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-00343-UNJ Document 41 Filed 08/18/20 Page 2 of 7
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 $35,500.00 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

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