VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00998 Package ID: USCOURTS-cofc-1_19-vv-00998 Petitioner: Eleanor Gray Filed: 2019-07-12 Decided: 2021-03-04 Vaccine: influenza Vaccination date: 2018-12-23 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Eleanor Gray filed a petition on July 12, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on December 23, 2018, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). Ms. Gray stated the vaccine was administered in the United States, that she experienced residual effects for over six months, and that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Gray sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. On February 2, 2021, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Eleanor Gray $40,000.00 as compensation for all items of damages, to be paid as a lump sum via check. The decision noted that judgment would be entered accordingly unless a motion for review was filed. Theory of causation field: Petitioner Eleanor Gray alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 23, 2018. The respondent denied the injury was covered by the Vaccine Injury Table or caused by the vaccine. The parties filed a joint stipulation on February 2, 2021, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $40,000.00. The public decision does not detail the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, or treatments. The award was based on a stipulation, and the case falls under the "Table" category, implying the injury is presumed compensable under the Vaccine Act's framework, though the specific mechanism is not elaborated in the provided text. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00998-0 Date issued/filed: 2021-03-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/02/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00998-UNJ Document 38 Filed 03/04/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0998V UNPUBLISHED ELEANOR GRAY Chief Special Master Corcoran Petitioner, Filed: February 2, 2021 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) Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ , for petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On July 12, 2019, Eleanor Gray 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 as a result of an influenza vaccine received on December 23, 2018. Petition at 1-4; Stipulation, filed February 2, 2021, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused petitioner’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-00998-UNJ Document 38 Filed 03/04/21 Page 2 of 7 Nevertheless, on February 2, 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 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 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-00998-UNJ Document 38 Filed 03/04/21 Page 3 of 7 Case 1:19-vv-00998-UNJ Document 38 Filed 03/04/21 Page 4 of 7 Case 1:19-vv-00998-UNJ Document 38 Filed 03/04/21 Page 5 of 7 Case 1:19-vv-00998-UNJ Document 38 Filed 03/04/21 Page 6 of 7 Case 1:19-vv-00998-UNJ Document 38 Filed 03/04/21 Page 7 of 7