VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01486
Package ID: USCOURTS-cofc-1_19-vv-01486
Petitioner: Yvonne Sewell
Filed: 2019-09-26
Decided: 2023-07-31
Vaccine: influenza
Vaccination date: 2016-09-28
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Yvonne Sewell filed a petition on September 26, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2016. Ms. Sewell further alleged that she experienced residual effects from this injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on July 6, 2023. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case. The stipulation awarded Yvonne Sewell a lump sum of $35,000.00, payable by check to Petitioner, as compensation for all damages. This amount represents compensation for all damages available under Section 15(a) of the National Childhood Vaccine Injury Act of 1986. The Special Master approved the award and directed that judgment be entered. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice. The decision was issued on July 31, 2023.

Theory of causation field:
Petitioner Yvonne Sewell alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 28, 2016, with residual effects lasting over six months. Respondent denied the SIRVA Table injury, causation, and sequela. The parties stipulated to settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The stipulation awarded Petitioner $35,000.00 as compensation for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The case was settled via stipulation, with Petitioner represented by Andrew Donald Downing and Respondent by Sarah Black Rifkin. The decision date was July 31, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01486-0
Date issued/filed: 2023-07-31
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 07/06/2023) regarding 50 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (saj) Service on parties made.
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Case 1:19-vv-01486-UNJ Document 59 Filed 07/31/23 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1486V
* * * * * * * * * * * * * * * * * * * * * * * * *
* Chief Special Master Corcoran
YVONNE SEWELL, *
*
Petitioner, * Filed: July 6, 2023
*
v. *
*
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * *
Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for Petitioner.
Sarah Black Rifkin, U.S. Dep’t of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On September 26, 2019, Yvonne Sewell filed a petition seeking compensation under the National
Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered
from a shoulder injury related to vaccine administration (“SIRVA”) as a result of her September
28, 2016, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that he experienced
residual effects of this injury for more than six months.
1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As
provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain
kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which
to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial
in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which
would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will
be available to the public. Id.
2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660,
100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”).
Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix).

Case 1:19-vv-01486-UNJ Document 59 Filed 07/31/23 Page 2 of 2
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine
caused Petitioner’s shoulder injury, or any other injury; and denies that her current condition is a
sequela of a vaccine-related injury. Nonetheless both parties, while maintaining their above-stated
positions, agreed in a stipulation (filed on July 6, 2023) that the issues before them could be settled,
and that a decision should be entered awarding Petitioner compensation.
I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation
(as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the
terms set forth therein.
The stipulation awards:
• A lump sum of $35,000.00 in the form of a check payable to Petitioner.
Stipulation ¶ 8. This amount represents compensation for all damages that would be available
under Section 15(a) of the Act.
I approve a Vaccine Program award in the requested amount set forth above to be made to
Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
the Court is directed to enter judgment herewith.3
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately)
a notice renouncing their right to seek review.
2