VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00035 Package ID: USCOURTS-cofc-1_20-vv-00035 Petitioner: Stacey Cyrus Filed: 2020-01-13 Decided: 2023-07-03 Vaccine: SIRVA Vaccination date: 2017-08-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Stacey Cyrus filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of hepatitis A (Hep A) and measles-mumps-rubella (MMR) vaccines she received on August 28, 2017. Ms. Cyrus further alleged she suffered the residual effects of her injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccines caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on June 1, 2023, stating that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision awarding damages. Ms. Cyrus was awarded a lump sum of $85,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00035-0 Date issued/filed: 2023-07-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/02/2023) regarding 68 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0035V UNPUBLISHED STACEY CYRUS, Chief Special Master Corcoran Petitioner, Filed: June 2, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Measles HUMAN SERVICES, Mumps Rubella (MMR) Vaccine; Hepatitis A (Hep A) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 13, 2020, Stacey Cyrus 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 shoulder injury related to vaccine administration (“SIRVA”) as a result of hepatitis A (“Hep A”) and measles-mumps-rubella (“MMR”) vaccines she received on August 28, 2017. Petition at 1; Stipulation, filed at June 1, 2023, ¶¶2, 4. Petitioner further alleges she “suffered the residual effects of her injury for more than six months.” Petition at ¶27; Stipulation at ¶4. Respondent denies “that Petitioner sustained a SIRVA Table injury; denies that the vaccines caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶6. 1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling 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 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 2 of 7 Nevertheless, on June 1, 2023, 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 $85,000.00 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 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 3 of 7 Case 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 4 of 7 Case 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 5 of 7 Case 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 6 of 7 Case 1:20-vv-00035-UNJ Document 72 Filed 07/03/23 Page 7 of 7