VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00636 Package ID: USCOURTS-cofc-1_19-vv-00636 Petitioner: Peggy Stager Filed: 2021-03-02 Decided: 2021-04-01 Vaccine: influenza Vaccination date: 2017-10-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 66360 AI-assisted case summary: Peggy Stager filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2021. She alleged that an influenza vaccine administered on October 18, 2017, caused her to develop a shoulder injury related to vaccine administration (SIRVA). Ms. Stager stated the vaccine was given in the United States and that she experienced residual effects for over six months. She also affirmed that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Stager sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for compensation on March 2, 2021. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. He awarded Peggy Stager a lump sum of $66,360.05, payable to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The court directed that judgment be entered in accordance with this decision. Theodore J. Hong of Maglio Christopher & Toale, PA, represented the petitioner, and Lara Ann Englund of the U.S. Department of Justice represented the respondent. The decision was issued on April 1, 2021. Theory of causation field: Petitioner Peggy Stager alleged that an influenza vaccine administered on October 18, 2017, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied the injury was a Table injury, that the vaccine caused the injury, or that the condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $66,360.05. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation relied upon was a Table injury, as indicated by the stipulation and the respondent's denial of a specific causation argument. Petitioner counsel was Theodore J. Hong, and respondent counsel was Lara Ann Englund. The decision date was April 1, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00636-0 Date issued/filed: 2021-04-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/02/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00636-UNJ Document 53 Filed 04/01/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-636V UNPUBLISHED PEGGY STAGER, Chief Special Master Corcoran Petitioner, Filed: March 2, 2021 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) Theodore J. Hong, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 30, 2019, Peggy Stager 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 from a shoulder injury related to vaccine administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on October 18, 2017. Petition at 4-5; Stipulation, filed at March 2, 2021, ¶¶ 1, 2. Petitioner further alleges the vaccine was administered in the United States, that she experienced the residual effects of this condition 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 condition. Petition at 4-5; Stipulation at ¶¶ 2-5. 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. 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-00636-UNJ Document 53 Filed 04/01/21 Page 2 of 7 Nevertheless, on March 2, 2021, 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 $66,360.05 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-00636-UNJ Document 53 Filed 04/01/21 Page 3 of 7 Case 1:19-vv-00636-UNJ Document 53 Filed 04/01/21 Page 4 of 7 Case 1:19-vv-00636-UNJ Document 53 Filed 04/01/21 Page 5 of 7 Case 1:19-vv-00636-UNJ Document 53 Filed 04/01/21 Page 6 of 7 Case 1:19-vv-00636-UNJ Document 53 Filed 04/01/21 Page 7 of 7