VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00581
Package ID: USCOURTS-cofc-1_19-vv-00581
Petitioner: Ruth Thomas
Filed: 2019-04-17
Decided: 2020-10-02
Vaccine: influenza
Vaccination date: 2017-10-16
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 50000

AI-assisted case summary:
Ruth Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program on April 17, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 16, 2017. Ms. Thomas stated that she received the vaccine in the United States and suffered residual effects for more than six months. She also affirmed that neither she nor any other party had filed a civil action or received compensation for her alleged vaccine-caused SIRVA. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused petitioner's left shoulder injury, any other injury, or her current condition, and denied that petitioner sustained a SIRVA Table injury. Despite the respondent's denial, on September 2, 2020, the parties filed a joint stipulation for an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Ms. Thomas was awarded a lump sum of $50,000.00, payable by check to the Petitioner, as compensation for all items of damages. The decision was issued on October 2, 2020. 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 Ruth Thomas alleged a shoulder injury related to vaccine administration (SIRVA) caused in fact by an influenza vaccine received on October 16, 2017. The respondent denied that the vaccine caused the injury or a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Brian H. Corcoran on October 2, 2020. The stipulation resulted in an award of $50,000.00. The specific theory of causation and any supporting medical experts or evidence were not detailed in the public decision, which was based on a stipulation. The decision does not specify if the SIRVA was considered an "on-Table" or "off-Table" injury, but the stipulation implies an "off-Table" determination or a settlement without prejudice to that determination.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00581-0
Date issued/filed: 2020-10-02
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/02/2020) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00581-UNJ Document 31 Filed 10/02/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0581V
UNPUBLISHED
RUTH THOMAS, Chief Special Master Corcoran
Petitioner, Filed: September 2, 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 April 17, 2019, Ruth Thomas 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”) caused in fact by the influenza vaccine she received on October
16, 2017. Petition at ¶¶ 2, 20; Stipulation, filed at Sept. 2, 2020 ¶¶ 1-2, 4. Petitioner further
alleges that she received the vaccine in the United States, that she suffered the residual
effects of her SIRVA for more than six months, and that neither she nor any other party
has filed a civil action or received compensation for her SIRVA, alleged as vaccine
caused. Petition at ¶¶ 20-22; 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 SIRVA 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-00581-UNJ Document 31 Filed 10/02/20 Page 2 of 7
Nevertheless, on September 2, 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 $50,000.00 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

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