VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00640 Package ID: USCOURTS-cofc-1_19-vv-00640 Petitioner: Laura Mariani Filed: 2020-12-21 Decided: 2021-02-10 Vaccine: influenza Vaccination date: 2017-10-14 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Laura Mariani filed a petition for compensation on December 21, 2020, alleging that she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on October 14, 2017. She claimed the injury was a Table injury, that it occurred within the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement. Respondent denied that Petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and denied that the flu vaccine caused her injury. Despite these denials, the parties filed a joint stipulation on December 21, 2020, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Laura Mariani was awarded a lump sum of $50,000.00 as compensation for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00640-0 Date issued/filed: 2021-02-10 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/21/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-640V UNPUBLISHED LAURA MARIANI, Chief Special Master Corcoran Petitioner, Filed: December 21, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 30, 2019, Laura Mariani 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 Table injury, Shoulder Injury Related to Vaccine Administration (“SIRVA”), as a result of her October 14, 2017 influneza (“flu”) vaccination. Petition at 1; see Stipulation, filed at December 21, 2020, ¶¶ 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered 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 on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶21-24. “Respondent denies that Petitioner sustained the onset of a SIRVA Table injury within the Table timeframe and further denies that the flu vaccine caused petitioner’s alleged left shoulder injury or any other 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-00640-UNJ Document 31 Filed 02/10/21 Page 2 of 8 Nevertheless, on December 21, 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 Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 3 of 8 Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 4 of 8 Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 5 of 8 Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 6 of 8 Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 7 of 8 Case 1:19-vv-00640-UNJ Document 31 Filed 02/10/21 Page 8 of 8