VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01023 Package ID: USCOURTS-cofc-1_19-vv-01023 Petitioner: Carolyn McCormick Filed: 2021-03-03 Decided: 2021-04-06 Vaccine: pneumococcal conjugate Vaccination date: 2017-09-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Carolyn McCormick filed a petition on March 3, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a Prevnar 13 vaccine on September 18, 2017. She stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and she had not received any prior award or settlement for this condition. Respondent denied that Ms. McCormick sustained a SIRVA Table injury, denied that the vaccine caused or aggravated her shoulder injuries, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 2, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision. Ms. McCormick was awarded a lump sum of $30,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01023-0 Date issued/filed: 2021-04-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/03/2021) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01023-UNJ Document 42 Filed 04/06/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1023V UNPUBLISHED CAROLYN MCCORMICK, Chief Special Master Corcoran Petitioner, Filed: March 3, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Jeremy Fugate, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 16, 2019, Carolyn McCormick 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 related to vaccine administration (“SIRVA”) as a result of a pneumococcal conjugate (“Prevnar 13”) vaccine that she received on September 18, 2017. Petition at 1; Stipulation, filed at March 2, 2021, ¶¶ 2, 4. Petitioner further alleges she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 8; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Prevnar 13 vaccine caused or significantly aggravated [P]etitoner’s alleged shoulder injuries 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-01023-UNJ Document 42 Filed 04/06/21 Page 2 of 7 Nevertheless, on March 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 $30,000.00 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-01023-UNJ Document 42 Filed 04/06/21 Page 3 of 7 Case 1:19-vv-01023-UNJ Document 42 Filed 04/06/21 Page 4 of 7 Case 1:19-vv-01023-UNJ Document 42 Filed 04/06/21 Page 5 of 7 Case 1:19-vv-01023-UNJ Document 42 Filed 04/06/21 Page 6 of 7 Case 1:19-vv-01023-UNJ Document 42 Filed 04/06/21 Page 7 of 7