VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01687 Package ID: USCOURTS-cofc-1_19-vv-01687 Petitioner: Lindsay Carlson Filed: 2019-10-30 Decided: 2020-12-02 Vaccine: influenza Vaccination date: 2018-10-20 Condition: brachial plexopathy and a shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 92276 AI-assisted case summary: Lindsay Carlson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered brachial plexopathy and a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 20, 2018. She stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her conditions. Respondent denied that petitioner sustained a SIRVA Table injury, denied that her alleged brachial plexopathy was caused by the vaccine, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Lindsay Carlson was awarded a lump sum of $92,276.00 as 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-01687-0 Date issued/filed: 2020-12-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/30/2020) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01687-UNJ Document 35 Filed 12/02/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1687V UNPUBLISHED LINDSAY CARLSON, Chief Special Master Corcoran Petitioner, Filed: October 30, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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); Brachial Plexopathy Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for petitioner. Linda Sara Renzi, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 30, 2019, Lindsay Carlson 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 brachial plexopathy and a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered on October 20, 2018. Petition at 1; Stipulation, filed on October 28, 2020, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered in the United States; that she experienced the residual effects of her conditions for more than six months; and that there has been no prior award or settlement of a civil action for damages as a result of her conditions. Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that her alleged brachial plexopathy was caused by the vaccine; and denies that her current condition is a sequalae 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. 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). Case 1:19-vv-01687-UNJ Document 35 Filed 12/02/20 Page 2 of 7 Nevertheless, on October 28, 2020, 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 $92,276.00 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.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-01687-UNJ Document 35 Filed 12/02/20 Page 3 of 7 Case 1:19-vv-01687-UNJ Document 35 Filed 12/02/20 Page 4 of 7 Case 1:19-vv-01687-UNJ Document 35 Filed 12/02/20 Page 5 of 7 Case 1:19-vv-01687-UNJ Document 35 Filed 12/02/20 Page 6 of 7 Case 1:19-vv-01687-UNJ Document 35 Filed 12/02/20 Page 7 of 7