VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00199 Package ID: USCOURTS-cofc-1_20-vv-00199 Petitioner: Nicole Matley Filed: 2020-02-25 Decided: 2022-03-03 Vaccine: influenza Vaccination date: 2018-12-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 48000 AI-assisted case summary: Nicole Matley filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 17, 2018. Ms. Matley stated that the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months. She also affirmed that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Matley sustained a SIRVA, that the vaccine caused her alleged shoulder injury, or that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 25, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Nicole Matley $48,000.00 as a lump sum, payable to the petitioner, as compensation for all items of damages. The decision was issued on March 3, 2022. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Lara Ann Englund of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Theory of causation field: Petitioner Nicole Matley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 17, 2018. Respondent denied the alleged SIRVA and causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $48,000.00 as a lump sum. The stipulation indicates the case falls under the "Table" for theory of causation, implying a presumed link under the Vaccine Act. No specific medical experts or detailed causation theories beyond the Table presumption were described in the public decision. Petitioner was represented by Glen Howard Sturtevant, Jr., and Respondent by Lara Ann Englund. The decision date was March 3, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00199-0 Date issued/filed: 2022-03-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/26/2022) regarding 40 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0199V UNPUBLISHED NICOLE MATLEY, Chief Special Master Corcoran Petitioner, Filed: January 26, 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) Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Lara Ann Englund, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 25, 2020, Nicole Matley 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 an influenza (“flu”) vaccine that was administered to her on December 17, 2018. Petition at 1; Stipulation, filed on January 25, 2022 at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she has experienced the residual effects of her injury 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 alleged condition. Petition at 6; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine 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 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 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 2 of 7 Nevertheless, on January 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 the following compensation: A lump sum of $48,000.00 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 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 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 3 of 7 Case 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 4 of 7 Case 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 5 of 7 Case 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 6 of 7 Case 1:20-vv-00199-UNJ Document 46 Filed 03/03/22 Page 7 of 7