VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01851 Package ID: USCOURTS-cofc-1_19-vv-01851 Petitioner: Donna Hyatt Filed: 2019-12-06 Decided: 2022-12-27 Vaccine: influenza Vaccination date: 2016-12-08 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 5000 AI-assisted case summary: Donna Hyatt filed a petition for compensation under the National Vaccine Injury Compensation Program on December 6, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on December 8, 2016. She stated that she received the vaccine in the United States and suffered residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 25, 2022, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Donna Hyatt was awarded $5,000.00, consisting of a lump sum payment of $2,730.28 payable to her and a lump sum payment of $2,269.72 to reimburse a Medicaid lien for services rendered to her by the State of South Carolina. This amount was compensation for all items of damages available under Section 15(a). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01851-0 Date issued/filed: 2022-12-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/16/2022) regarding 46 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1851V UNPUBLISHED DONNA HYATT, Chief Special Master Corcoran Petitioner, Filed: November 16, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 6, 2019, Donna Hyatt 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table Injury, which was caused-in-fact by the influenza (“flu”) vaccine she received on December 8, 2016. Petition at 1, ¶¶ 2, 12; Stipulation, filed at November 15, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States and that she suffered the residual effects of her SIRVA injury for more than six months. Petition at ¶¶ 2, 12; Stipulation at ¶¶ 3-4. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequala 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 2 of 8 Nevertheless, on May 25, 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 $5,000.00 as follows: 1. A lump sum payment of $2,730.28 in the form of a check payable to Petitioner; and 2. A lump sum payment of $2,269.72, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of South Carolina, in the form of a check payable jointly to Petitioner and Equian, and mailed to: Equian P.O. Box 182643 Columbus, OH 43218 TIN: 27-0083277 Equian Event Number: 30035087. Stipulation at ¶ 8. Petitioner agrees to endorse the check to Equian for satisfaction of the Medicaid lien. 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-01851-UNJ Document 50 Filed 12/27/22 Page 3 of 8 Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 4 of 8 Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 5 of 8 Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 6 of 8 Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 7 of 8 Case 1:19-vv-01851-UNJ Document 50 Filed 12/27/22 Page 8 of 8