VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00717 Package ID: USCOURTS-cofc-1_19-vv-00717 Petitioner: Colleen M. McNerney Filed: 2020-12-11 Decided: 2021-02-05 Vaccine: influenza Vaccination date: 2016-10-14 Condition: inflammatory granulomatous lesions Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Colleen M. McNerney filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2020. Petitioner alleged that she suffered inflammatory granulomatous lesions as a result of influenza vaccinations received on October 14, 2016, and October 18, 2018. Petitioner stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement of a civil action for her injury. The respondent denied that the petitioner's inflammatory granulomatous lesions were caused by her flu vaccinations and denied that her current condition was a sequelae of a vaccine-related injury. On December 9, 2020, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Colleen M. McNerney was awarded a lump sum of $40,000.00, payable by check to Petitioner, as compensation for all items of damages. Petitioner was represented by Matthew F. Belanger of Faraci Lange, LLP, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice. Theory of causation field: Petitioner Colleen M. McNerney alleged that inflammatory granulomatous lesions resulted from influenza vaccinations received on October 14, 2016, and October 18, 2018. Respondent denied causation. The parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $40,000.00 in a lump sum for all damages. The specific theory of causation, medical experts, clinical details of the lesions, onset, symptoms, tests, treatments, or mechanism were not described in the public decision text. Petitioner was represented by Matthew F. Belanger, and respondent was represented by Linda Sara Renzi. The decision was issued on February 5, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00717-0 Date issued/filed: 2021-02-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/11/2020) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00717-UNJ Document 35 Filed 02/05/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-717V UNPUBLISHED COLLEEN M. MCNERNEY, Chief Special Master Corcoran Petitioner, Filed: December 11, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Inflammatory Granulomatous Lesions Respondent. Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 16, 2019, Colleen M. McNerney 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 inflammatory granulomatous lesions as a result of her influenza (“flu”) vaccinations on October 14, 2016 and October 18, 2018. Petition at 1; Stipulation, filed at December 9, 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 ¶16. “Respondent denies that petitioner’s inflammatory granulomatous lesions were caused by her flu vaccinations, 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-00717-UNJ Document 35 Filed 02/05/21 Page 2 of 7 Nevertheless, on December 9, 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 $40,000.00 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-00717-UNJ Document 35 Filed 02/05/21 Page 3 of 7 Case 1:19-vv-00717-UNJ Document 35 Filed 02/05/21 Page 4 of 7 Case 1:19-vv-00717-UNJ Document 35 Filed 02/05/21 Page 5 of 7 Case 1:19-vv-00717-UNJ Document 35 Filed 02/05/21 Page 6 of 7 Case 1:19-vv-00717-UNJ Document 35 Filed 02/05/21 Page 7 of 7