VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00378 Package ID: USCOURTS-cofc-1_19-vv-00378 Petitioner: Carol Gordon Filed: 2019-03-12 Decided: 2020-08-25 Vaccine: influenza Vaccination date: 2016-10-20 Condition: shoulder injury related to vaccine administration Outcome: compensated Award amount USD: 55103 AI-assisted case summary: Carol Gordon filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2019. She alleged that an influenza vaccine administered on October 20, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). Ms. Gordon stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Gordon's left shoulder injury or any other injury, and denied that she sustained a SIRVA Table injury. The parties subsequently filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. The award included a lump sum of $103.76 payable to the Georgia Department of Community Health and a lump sum of $55,000.00 payable to Petitioner for all items of damages. The total compensation awarded was $55,103.76. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. Theory of causation field: Petitioner Carol Gordon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 20, 2016. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on August 25, 2020. The stipulation did not detail the specific theory of causation or name any experts. The award was $55,103.76, consisting of $103.76 payable to the Georgia Department of Community Health and $55,000.00 payable to Petitioner for all damages. Petitioner was represented by Maximillian J. Muller, and respondent by Kimberly Shubert Davey. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00378-0 Date issued/filed: 2020-08-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/23/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00378-UNJ Document 33 Filed 08/25/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-378V UNPUBLISHED CAROL GORDON, Chief Special Master Corcoran Petitioner, Filed: July 23, 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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On March 12, 2019, Carol Gordon 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 20, 2016. Petition at 1; Stipulation, filed on July 22, 2020, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered within the United States; that she experienced the residual effects of her alleged injury for more than six months; and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that the influenza vaccine caused petitioner to suffer a left shoulder injury or any other injury or her current condition, and denies that petitioner sustained a Shoulder Injury Related to Vaccine Administration Table injury.” 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-00378-UNJ Document 33 Filed 08/25/20 Page 2 of 7 Nevertheless, on July 22, 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 payment of $103.76 in the form of a check payable jointly to Petitioner and: Georgia Department of Community Health, Casualty Unit 900 Circle 75 Parkway, Suite 650, Atlanta, GA 30339 Petitioner agrees to endorse this check to the Georgia Department of Community Health. Stipulation at ¶ 8. • A lump sum payment of $55,000.00 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 Case 1:19-vv-00378-UNJ Document 33 Filed 08/25/20 Page 3 of 7 Case 1:19-vv-00378-UNJ Document 33 Filed 08/25/20 Page 4 of 7 Case 1:19-vv-00378-UNJ Document 33 Filed 08/25/20 Page 5 of 7 Case 1:19-vv-00378-UNJ Document 33 Filed 08/25/20 Page 6 of 7 Case 1:19-vv-00378-UNJ Document 33 Filed 08/25/20 Page 7 of 7