VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00621 Package ID: USCOURTS-cofc-1_19-vv-00621 Petitioner: Beverly Hicks Filed: 2019-04-26 Decided: 2020-10-13 Vaccine: influenza Vaccination date: Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Beverly Hicks filed a petition for compensation under the National Vaccine Injury Compensation Program on April 26, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on either October 6, 2017, or October 9, 2017. Ms. Hicks stated that she received the vaccines in the United States, experienced residual effects of her injury for more than six months, and had no prior award or settlement of a civil action for damages related to her condition. The respondent denied that the flu vaccine caused Ms. Hicks's right shoulder injury or any other injury, and denied that she sustained a SIRVA Table injury. Despite the respondent's denial, on September 3, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Hicks was awarded a lump sum of $55,000.00, payable to her, as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Brandon J. Broderick, Attorney at Law, LLC, and respondent was represented by the U.S. Department of Justice. Theory of causation field: Petitioner Beverly Hicks alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 6 or 9, 2017. Respondent denied that the vaccine caused the injury or a SIRVA Table injury. The parties filed a joint stipulation on September 3, 2020, agreeing to an award. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision. Petitioner was awarded $55,000.00 as a lump sum. The public decision does not specify the mechanism of injury, medical experts, or detailed evidence presented, but indicates the case falls under the "Table" for SIRVA injuries. Petitioner was represented by Brandon J. Broderick, Attorney at Law, LLC, and respondent by the U.S. Department of Justice. The decision date was October 13, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00621-0 Date issued/filed: 2020-10-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/09/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00621-UNJ Document 34 Filed 10/13/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0621V UNPUBLISHED BEVERLY HICKS, Chief Special Master Corcoran Petitioner, Filed: September 9, 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) Kenneth W. Thayer, III, Brandon J. Broderick, Attorney at Law, LLC, Ewing, NJ, for petitioner. Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 26, 2019, Beverly Hicks 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”) vaccination administered on either October 6, 2017 or October 9, 2017. Petition at 1; Stipulation, filed at September 3, 2020, ¶¶ 2, 4. Petitioner further alleges that she received the vaccines in the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 7; Stipulation at ¶¶ 3, 5. “Respondent denies that either flu vaccine caused [P]etitioner to suffer a right shoulder injury, or any other injury, and denies that [P]etitioner 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-00621-UNJ Document 34 Filed 10/13/20 Page 2 of 7 Nevertheless, on September 3, 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 $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-00621-UNJ Document 34 Filed 10/13/20 Page 3 of 7 Case 1:19-vv-00621-UNJ Document 34 Filed 10/13/20 Page 4 of 7 Case 1:19-vv-00621-UNJ Document 34 Filed 10/13/20 Page 5 of 7 Case 1:19-vv-00621-UNJ Document 34 Filed 10/13/20 Page 6 of 7 Case 1:19-vv-00621-UNJ Document 34 Filed 10/13/20 Page 7 of 7