VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01681 Package ID: USCOURTS-cofc-1_19-vv-01681 Petitioner: MaryGrace Fagen Filed: 2019-10-30 Decided: 2022-03-01 Vaccine: influenza Vaccination date: 2018-10-02 Condition: right shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: MaryGrace Fagen filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 2, 2018. She stated that the vaccine was administered in the United States, her injury caused residual effects for more than six months, and she had not received any prior award or settlement for this condition. Respondent denied that Ms. Fagen sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other condition, 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 1, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Fagen was awarded a lump sum of $20,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01681-0 Date issued/filed: 2022-04-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/03/2022) regarding 34 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01681-UNJ Document 37 Filed 04/07/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1681V UNPUBLISHED MARYGRACE FAGEN, Chief Special Master Corcoran Petitioner, Filed: March 3, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 30, 2019, MaryGrace Fagen 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 right shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on October 2, 2018. Petition at 1;Stipulation, filedMarch 1, 2022,at ¶¶2-4.Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her alleged injury for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at ¶¶ 19, 22; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused her alleged shoulder injury or any other injury or condition; 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. 2National 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-01681-UNJ Document 37 Filed 04/07/22 Page 2 of 7 Nevertheless, on March 1, 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 mydecision 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 $20,000.00 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 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-01681-UNJ Document 37 Filed 04/07/22 Page 3 of 7 Case 1:19-vv-01681-UNJ Document 37 Filed 04/07/22 Page 4 of 7 Case 1:19-vv-01681-UNJ Document 37 Filed 04/07/22 Page 5 of 7 Case 1:19-vv-01681-UNJ Document 37 Filed 04/07/22 Page 6 of 7 Case 1:19-vv-01681-UNJ Document 37 Filed 04/07/22 Page 7 of 7