VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00887 Package ID: USCOURTS-cofc-1_19-vv-00887 Petitioner: Olivia D. Thompson Filed: 2019-06-18 Decided: 2021-11-23 Vaccine: HPV Vaccination date: 2017-05-23 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Olivia D. Thompson filed a petition on June 18, 2019, alleging that she suffered right shoulder injuries related to vaccine administration (SIRVA) as a result of receiving human papillomavirus (HPV) vaccinations on May 23, July 19, and November 27, 2017. The respondent, the Secretary of Health and Human Services, denied that the HPV vaccines caused or significantly aggravated petitioner's alleged shoulder injuries. The parties subsequently filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Petitioner Olivia D. Thompson was awarded $30,000.00 in a lump sum, payable by check, as compensation for all damages. Judgment was to be entered in accordance with the terms of the stipulation, unless a motion for review was filed. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses involved in this case. The attorneys involved were Elizabeth M. Muldowney for the petitioner and Mallori B. Openchowski for the respondent. Theory of causation field: Petitioner Olivia D. Thompson alleged SIRVA resulting from HPV vaccinations on May 23, July 19, and November 27, 2017. Respondent denied causation. The parties stipulated to an award of $30,000.00. The Special Master adopted the stipulation. The public text indicates the theory of causation falls under the "Table" category, but does not provide further details on the specific mechanism, medical experts, or evidence presented. The decision was made by Special Master Nora Beth Dorsey on November 23, 2021, with attorneys Elizabeth M. Muldowney for the petitioner and Mallori B. Openchowski for the respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00887-0 Date issued/filed: 2021-12-20 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/23/2021) regarding 52 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 23, 2021 * * * * * * * * * * * * * * * OLIVIA D. THOMPSON, * UNPUBLISHED * Petitioner, * No. 19-887V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; AND HUMAN SERVICES, * Human Papillomavirus (“HPV”) Vaccine; * Shoulder Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * * * * Elizabeth M. Muldowney, Sands Anderson PC, Richmond, VA, for petitioner. Mallori B. Openchowski, US Department of Justice, Washington, DC, for respondent. DECISION BASED ON STIPULATION1 On June 18, 2019, Olivia D. Thompson (“petitioner”) filed a petition in the National Vaccine Injury Compensation Program.2 Petitioner alleged that as a result of human papillomavirus (“HPV”) vaccinations on May 23, July 19, and November 27, 2017, she suffered right shoulder injuries related to vaccine administration (“SIRVA”). Petition at 1 (ECF No. 1). On November 23, 2021, the parties filed a stipulation recommending an award of compensation to petitioner. Stipulation (ECF No. 51). Respondent denies that the HPV vaccines caused or significantly aggravated petitioner’s alleged shoulder injuries, or any other injury or her current condition. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C. § 300aa. 1 Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 2 of 7 hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that petitioner shall receive the following compensation: (1) A lump sum of $30,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 3 of 7 Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 4 of 7 Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 5 of 7 Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 6 of 7 Case 1:19-vv-00887-UNJ Document 56 Filed 12/20/21 Page 7 of 7