VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01410
Package ID: USCOURTS-cofc-1_19-vv-01410
Petitioner: Jennifer Lee Smith
Filed: 2019-09-13
Decided: 2022-06-01
Vaccine: influenza
Vaccination date: 2016-09-14
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 67500

AI-assisted case summary:
On September 13, 2019, Jennifer Lee Smith filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner received an influenza vaccine on September 14, 2016. Petitioner alleges she sustained a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table and suffered residual effects for more than six months. Respondent denied that the flu vaccine caused Petitioner's injury or that she sustained a SIRVA Table injury. On May 31, 2022, the parties filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Petitioner was awarded a lump sum of $67,500.00, payable to Petitioner, as compensation for all damages. The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner's counsel was David Charles Richards of Christensen & Jensen, P.C. Respondent's counsel was Jamica Marie Littles of the U.S. Department of Justice.

Theory of causation field:
Petitioner Jennifer Lee Smith received an influenza vaccine on September 14, 2016, and filed a petition on September 13, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation for damages on May 31, 2022. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision, awarding a lump sum of $67,500.00 to Petitioner. The public decision does not detail the specific mechanism of injury, medical experts, or the evidence considered beyond the stipulation. The theory of causation relied upon was a Table injury for SIRVA.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01410-0
Date issued/filed: 2022-07-01
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/01/2022) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01410-UNJ Document 54 Filed 07/01/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1410V
UNPUBLISHED
JENNIFER LEE SMITH, Chief Special Master Corcoran
Petitioner,
v. Filed: June 1, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu); Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA).
David Charles Richards, Christensen & Jensen, P.C., Salt Lake City, UT, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 13, 2019, Jennifer Lee Smith filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On September 14, 2016, Petitioner received an influenza (“flu”) vaccine,
which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(“SIRVA”) as defined in the Table and alleges that she suffered the residual effects of this
injury for more than six months.
Respondent denies that the flu vaccine caused Petitioner to develop a left shoulder
injury or any other injury or her current condition, and denies that Petitioner sustained a
SIRVA Table injury. Stipulation (ECF No. 52) 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-01410-UNJ Document 54 Filed 07/01/22 Page 2 of 7
Nevertheless, on May 31, 2022, 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 $67,500.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all 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 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

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