VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00519 Package ID: USCOURTS-cofc-1_19-vv-00519 Petitioner: Leslie Davies Filed: 2019-04-09 Decided: 2020-09-24 Vaccine: influenza Vaccination date: 2017-08-29 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Leslie Davies filed a petition for compensation under the National Vaccine Injury Compensation Program on April 9, 2019, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on August 29, 2017. Ms. Davies further alleged that she experienced residual effects of this condition for more than six months. The respondent denied that the flu immunization caused her alleged SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on August 19, 2020, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Davies was awarded a lump sum of $35,000.00, payable by check to the Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on September 24, 2020. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Leslie Davies filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on August 29, 2017, with residual effects lasting over six months. The respondent denied causation. The parties submitted a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The public decision does not detail the specific theory of causation, medical experts, clinical findings, or the mechanism of injury. Ms. Davies was awarded a lump sum of $35,000.00 for all damages under Section 15(a). The decision date was September 24, 2020. Petitioner's counsel was Jimmy A. Zgheib, and respondent's counsel was Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00519-0 Date issued/filed: 2020-09-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/24/2020) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00519-UNJ Document 30 Filed 09/24/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0519V UNPUBLISHED LESLIE DAVIES, Chief Special Master Corcoran Petitioner, Filed: August 24, 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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 9, 2019, Leslie Davies 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) after an influenza (“flu”) vaccination received on August 29, 2017. Petition at 1; Stipulation, filed at August 19, 2020, ¶¶ 1, 4. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that the flu immunization is the cause of petitioner’s alleged SIRVA, or that it caused any other injury or condition. ” Stipulation at ¶ 6. Nevertheless, on August 19, 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. 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-00519-UNJ Document 30 Filed 09/24/20 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $35,000.00 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-00519-UNJ Document 30 Filed 09/24/20 Page 3 of 7 Case 1:19-vv-00519-UNJ Document 30 Filed 09/24/20 Page 4 of 7 Case 1:19-vv-00519-UNJ Document 30 Filed 09/24/20 Page 5 of 7 Case 1:19-vv-00519-UNJ Document 30 Filed 09/24/20 Page 6 of 7 Case 1:19-vv-00519-UNJ Document 30 Filed 09/24/20 Page 7 of 7