VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00727 Package ID: USCOURTS-cofc-1_19-vv-00727 Petitioner: Fabray Turner Filed: 2019-05-17 Decided: 2022-12-14 Vaccine: influenza Vaccination date: 2017-12-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Fabray Turner, an adult, received an influenza vaccine on December 14, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of this vaccination and that the residual effects of her injury lasted for more than six months. Respondent denied that Petitioner 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 sequela of a vaccine-related injury. Despite the contested allegations, the parties filed a joint stipulation on November 7, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Fabray Turner was awarded a lump sum of $95,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00727-0 Date issued/filed: 2022-12-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/07/2022) regarding 59 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00727-UNJ Document 63 Filed 12/14/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0727V UNPUBLISHED FABRAY TURNER, Chief Special Master Corcoran Petitioner, Filed: November 7, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 17, 2019, Fabray Turner 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 vaccination she received on December 14, 2017. Amended Petition at 1; Stipulation, filed at November 7, 2022, ¶¶ 2, 4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Amended Petition at ¶23; Stipulation at ¶4. 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 sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on November 7, 2022, 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. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00727-UNJ Document 63 Filed 12/14/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $95,000.00 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 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-00727-UNJ Document 63 Filed 12/14/22 Page 3 of 7 Case 1:19-vv-00727-UNJ Document 63 Filed 12/14/22 Page 4 of 7 Case 1:19-vv-00727-UNJ Document 63 Filed 12/14/22 Page 5 of 7 Case 1:19-vv-00727-UNJ Document 63 Filed 12/14/22 Page 6 of 7 Case 1:19-vv-00727-UNJ Document 63 Filed 12/14/22 Page 7 of 7