VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01661
Package ID: USCOURTS-cofc-1_19-vv-01661
Petitioner: Kimberly Martin
Filed: 2019-10-25
Decided: 2021-09-23
Vaccine: influenza
Vaccination date: 2016-10-26
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Kimberly Martin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 26, 2016, caused her to sustain a shoulder injury related to vaccine administration (SIRVA). She further alleged that she experienced the residual effects of her injury for more than six months. The parties, Kimberly Martin and the Secretary of Health and Human Services, filed a joint stipulation for an award. Although the Respondent denied that Petitioner sustained a SIRVA, that the vaccine caused her alleged shoulder injury, or that her current condition is a sequelae of a vaccine-related injury, they agreed to the stipulation. The court found the stipulation reasonable and adopted it as the decision of the Court. Kimberly Martin was awarded a lump sum of $20,000.00 as compensation for all damages available under the program. The decision was entered on September 23, 2021, based on a stipulation filed on September 7, 2021, with the petition having been filed on October 25, 2019.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01661-0
Date issued/filed: 2021-09-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/08/2021) regarding 27 DECISION - Stipulation/Proffer. Signed by Special Master Herbrina Sanders. (arm) Service on parties made.
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Case 1:19-vv-01661-UNJ Document 31 Filed 09/23/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
Filed: September 8, 2021
* * * * * * * * * * * * * * * * * * * * * * * * *
KIMBERLY MARTIN, * No. 19-1661V
*
Petitioner, * Special Master Sanders
v. *
* Stipulation for Award; Influenza
SECRETARY OF HEALTH * (“Flu”) Vaccine; Shoulder Injury
AND HUMAN SERVICES, * Related to Vaccine Administration
* (“SIRVA”)
Respondent. *
* * * * * * * * * * * * * * * * * * * * * * * * *
John R. Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner.
Traci R. Patton, United States Department of Justice, Washington, DC, for Respondent.
DECISION1
On October 25, 2019, Kimberly Martin (“Petitioner”) filed a petition for compensation
pursuant to the National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-10 to -34
(2012); Pet. at 1, ECF No. 1. Petitioner alleged that the influenza (“flu”) vaccine she received on
October 26, 2016, caused her to sustain a shoulder injury related to vaccine administration
(“SIRVA”). Pet. at 1. Petitioner further alleged that she experienced the residual effects of her
injury for more than six months. Stip. at 1, ECF No. 26.
On September 7, 2021, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation to Petitioner. Id. at 2. Respondent “denies that
[P]etitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused
[P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is
a sequelae of a vaccine-related injury.” Id. Nevertheless, the parties agree to the joint stipulation,
attached hereto as Appendix A. Id. I find the stipulation reasonable and adopt it as the decision of
the Court in awarding damages, on the terms set forth therein.
1 This Decision shall be posted on the website of the United States Court of Federal Claims, in accordance
with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended
at 44 U.S.C. § 3501 note (2012)). This means the Decision will be available to anyone with access to
the Internet. As provided by Vaccine Rule 18(b), each party has 14 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).
2 National Childhood Vaccine Injury Act of 1986, Pub L. No. 99-660, 100 Stat. 3755.

Case 1:19-vv-01661-UNJ Document 31 Filed 09/23/21 Page 2 of 7
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $20,000.00 in the form of a check payable to [P]etitioner.
This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a)[.]
Id.
I approve the requested amount for Petitioner’s compensation. Accordingly, an award
should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of
Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3
IT IS SO ORDERED.
s/Herbrina D. Sanders
Herbrina D. Sanders
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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