VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00910 Package ID: USCOURTS-cofc-1_19-vv-00910 Petitioner: Adriana Lopez Filed: 2021-01-26 Decided: 2021-03-04 Vaccine: hepatitis A and hepatitis B Vaccination date: 2016-07-01 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 37633 AI-assisted case summary: Adriana Lopez filed a petition for compensation under the National Vaccine Injury Compensation Program on January 26, 2021, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving a hepatitis A and hepatitis B vaccine on July 1, 2016. She further alleged that she experienced residual effects for more than six months. The respondent denied that petitioner sustained a Table SIRVA within the Table timeframe and denied that the vaccine caused her alleged injury and residual effects. Nevertheless, the parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as the court's decision. The court awarded Adriana Lopez a total of $37,633.54. This amount comprised $133.54 for a State of Utah Medicaid lien and $37,500.00 for all other damages. Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice. The public decision does not describe the onset of symptoms, specific clinical details, or expert testimony. Theory of causation field: Petitioner Adriana Lopez alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following vaccination with hepatitis A and hepatitis B vaccines on July 1, 2016, with residual effects lasting more than six months. Respondent denied that the injury was a Table SIRVA within the Table timeframe and denied that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation indicates an off-Table theory of causation was considered, as respondent denied a Table SIRVA. The award was $37,633.54, consisting of $133.54 for a State of Utah Medicaid lien and $37,500.00 for all other damages. Petitioner counsel was Michael G. McLaren, and respondent counsel was Voris Edward Johnson. The decision date was March 4, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00910-0 Date issued/filed: 2021-03-04 Pages: 8 Docket text: **RE-DOCKETED 44 FOR PUBLICATION**PUBLIC DECISION (Originally filed: 1/26/2021) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (fm) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00910-UNJ Document 45 Filed 03/04/21 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0910V UNPUBLISHED ADRIANA LOPEZ, Chief Special Master Corcoran Petitioner, Filed: January 26, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Hepatitis A HUMAN SERVICES, (Hep A) Vaccine; Hepatitis B (Hep B) Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for Petitioner. Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 21, 2019, Adriana Lopez 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 left Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving a hepatitis A and hepatitis B vaccine on July 1, 2016. Petition at 1; Stipulation, filed at January 26, 2021, ¶¶ 4, 6. Petitioner further alleges that she experienced the residual effects of her SIRVA for more than six months. Amended Petition at 4; Stipulation at ¶¶4, 6. “Respondent denies that petitioner sustained a Table SIRVA within the Table timeframe, and denies that the hepatitis A/hepatitis B vaccine in fact caused her alleged shoulder injury and residual effects, or any other 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-00910-UNJ Document 45 Filed 03/04/21 Page 2 of 8 Nevertheless, on January 26, 2021, 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. A lump sum of $133.54, for satisfaction of a State of Utah Medicaid lien, in the form of a check payable jointly to Petitioner and” Office of Recovery Services Bureau of Medical Collections 515 E 100 S P.O. Box 45025 Salt Lake City, UT 84145-0025 Attn: Jenny Kay Del Rio Ref: Adriana Lopez/Case # C001308000TEMA 85 b. A lump sum of $37,500.00, 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-00910-UNJ Document 45 Filed 03/04/21 Page 3 of 8 Case 1:19-vv-00910-UNJ Document 45 Filed 03/04/21 Page 4 of 8 Case 1:19-vv-00910-UNJ Document 45 Filed 03/04/21 Page 5 of 8 Case 1:19-vv-00910-UNJ Document 45 Filed 03/04/21 Page 6 of 8 Case 1:19-vv-00910-UNJ Document 45 Filed 03/04/21 Page 7 of 8 Case 1:19-vv-00910-UNJ Document 45 Filed 03/04/21 Page 8 of 8