VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00776 Package ID: USCOURTS-cofc-1_19-vv-00776 Petitioner: Kathi Leopard Filed: 2020-12-23 Decided: 2021-02-18 Vaccine: influenza Vaccination date: 2017-09-17 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Kathi Leopard filed a petition for compensation under the National Vaccine Injury Compensation Program on December 23, 2020. She alleged that she received an influenza vaccine on September 17, 2017, and subsequently suffered immediate pain and damage to her left shoulder. The petition stated that the vaccination occurred in the United States and that no civil action or prior compensation had been sought for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused her alleged shoulder injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, on December 23, 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 court's decision. Pursuant to the stipulation, Kathi Leopard was awarded a lump sum of $60,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Jon Eric Newlon of McCravy, Newlon, & Sturkie Law Firm, P.A., and Respondent was represented by Julia Marter Collison of the U.S. Department of Justice. Theory of causation field: Petitioner Kathi Leopard alleged that an influenza vaccine administered on September 17, 2017, caused immediate pain and damage to her left shoulder, identified as Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent denied that the injury was a vaccine-related shoulder injury as defined by the Vaccine Injury Table or that the vaccine caused the alleged injury or its sequelae. The parties reached a joint stipulation for compensation. The public text does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was resolved via stipulation, with Chief Special Master Brian H. Corcoran adopting the stipulation as the decision. Petitioner was awarded $60,000.00 as a lump sum. The theory of causation is listed as 'Table' in the provided data, indicating a potential alignment with the Vaccine Injury Table, though the specific table injury is not detailed in the decision text. Attorneys involved were Jon Eric Newlon for the petitioner and Julia Marter Collison for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00776-0 Date issued/filed: 2021-02-18 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/23/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00776-UNJ Document 34 Filed 02/18/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0776V UNPUBLISHED KATHI LEOPARD, Chief Special Master Corcoran Petitioner, Filed: December 23, 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) Jon Eric Newlon, McCravy, Newlon, & Sturkie Law Firm, P.A., Greenwood, S.C., for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On May 24, 2019, Kathi Leopard 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 immediate pain and damage to her left shoulder caused by the influenza vaccine she received on September 17, 2017. Petition at 1, ¶¶ 2, 5; Stipulation, filed at Dec. 23, 2020, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccination in the United States and that neither she nor any other party has filed a civil action or received compensation for her injury, alleged as vaccine caused. Petition at ¶¶ 2, 8-9; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused [P]etitioner’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-00776-UNJ Document 34 Filed 02/18/21 Page 2 of 8 Nevertheless, on December 23, 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 $60,000.00 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-00776-UNJ Document 34 Filed 02/18/21 Page 3 of 8 Case 1:19-vv-00776-UNJ Document 34 Filed 02/18/21 Page 4 of 8 Case 1:19-vv-00776-UNJ Document 34 Filed 02/18/21 Page 5 of 8 Case 1:19-vv-00776-UNJ Document 34 Filed 02/18/21 Page 6 of 8 Case 1:19-vv-00776-UNJ Document 34 Filed 02/18/21 Page 7 of 8 Case 1:19-vv-00776-UNJ Document 34 Filed 02/18/21 Page 8 of 8