VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00819 Package ID: USCOURTS-cofc-1_19-vv-00819 Petitioner: Jean Draper Filed: 2019-06-04 Decided: 2022-07-15 Vaccine: influenza Vaccination date: 2016-11-03 Condition: shoulder injury Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Jean Draper filed a petition for compensation under the National Vaccine Injury Compensation Program on June 4, 2019. She alleged that an influenza vaccine administered on November 3, 2016, caused a shoulder injury, and that she experienced residual effects of this condition for more than six months. The respondent denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on June 14, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Jean Draper was awarded a lump sum of $40,000.00, payable to her, representing 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. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Meghan Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Jean Draper alleged that an influenza vaccine received on November 3, 2016, caused a shoulder injury (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation, awarding $40,000.00. The theory of causation was "Off-Table" as indicated by the database fields, and the public decision does not detail the specific mechanism, expert testimony, or evidence considered beyond the stipulation. The decision was made by Chief Special Master Brian H. Corcoran on July 15, 2022, based on a stipulation filed June 14, 2022. Petitioner's counsel was Emily Beth Ashe, and Respondent's counsel was Meghan Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00819-0 Date issued/filed: 2022-07-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/14/2022) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00819-UNJ Document 57 Filed 07/15/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0819V UNPUBLISHED JEAN DRAPER, Chief Special Master Corcoran Petitioner, Filed: June 14, 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) Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 4, 2019, Jean Draper 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 that was caused-in-fact by an influenza (“flu”) vaccine she received on November 3, 2016. Petition at 1; Stipulation, filed at June 14, 2022, ¶¶ 2-4. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Petition at 7; Stipulation at ¶ 4. Respondent 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 June 14, 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-00819-UNJ Document 57 Filed 07/15/22 Page 2 of 7 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 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-00819-UNJ Document 57 Filed 07/15/22 Page 3 of 7 Case 1:19-vv-00819-UNJ Document 57 Filed 07/15/22 Page 4 of 7 Case 1:19-vv-00819-UNJ Document 57 Filed 07/15/22 Page 5 of 7 Case 1:19-vv-00819-UNJ Document 57 Filed 07/15/22 Page 6 of 7 Case 1:19-vv-00819-UNJ Document 57 Filed 07/15/22 Page 7 of 7