VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01235 Package ID: USCOURTS-cofc-1_19-vv-01235 Petitioner: Jan Montesano Filed: 2019-08-19 Decided: 2021-07-01 Vaccine: influenza Vaccination date: 2016-10-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80000 AI-assisted case summary: Jan Montesano filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as listed on the Vaccine Injury Table. The injury was allegedly caused by an influenza vaccination she received on October 12, 2016. Montesano claimed the flu vaccine caused her shoulder injury and that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused her left shoulder injury or any other injury. Despite the denial, the parties filed a joint stipulation on June 1, 2021, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Montesano was awarded a lump sum of $80,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision directs the clerk of the court to enter judgment in accordance with this decision, unless a motion for review is filed. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01235-0 Date issued/filed: 2021-07-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/01/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01235-UNJ Document 40 Filed 07/01/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1235V UNPUBLISHED JAN MONTESANO, Chief Special Master Corcoran Petitioner, Filed: June 1, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner. Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On August 19, 2019, Jan Montesano 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 in the Vaccine Injury Table3 as a result of an influenza (“flu”) vaccination administered on October 12, 2016. Petition at 1; Stipulation, filed at June 1, 2021, ¶¶ 2, 4. Petitioner further alleges that the flu vaccine caused her alleged shoulder injury and that she suffered the residual effects of her alleged injury for more than six months. Petition at 1, 14; Stipulation at ¶ 4. “Respondent denies that the flu vaccine caused petitioner to suffer a left shoulder injury or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table 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). 3 42 C.F.R. § 100.3(a). Case 1:19-vv-01235-UNJ Document 40 Filed 07/01/21 Page 2 of 7 Nevertheless, on June 1, 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 $80,000.00 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 4 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-01235-UNJ Document 40 Filed 07/01/21 Page 3 of 7 Case 1:19-vv-01235-UNJ Document 40 Filed 07/01/21 Page 4 of 7 Case 1:19-vv-01235-UNJ Document 40 Filed 07/01/21 Page 5 of 7 Case 1:19-vv-01235-UNJ Document 40 Filed 07/01/21 Page 6 of 7 Case 1:19-vv-01235-UNJ Document 40 Filed 07/01/21 Page 7 of 7