VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00202 Package ID: USCOURTS-cofc-1_20-vv-00202 Petitioner: Esther Reeves Filed: 2020-02-25 Decided: 2022-09-01 Vaccine: influenza Vaccination date: 2018-10-16 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 41250 AI-assisted case summary: Esther Reeves filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2020, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 16, 2018. She alleged the vaccine was received in the United States, experienced residual effects for more than six months, and had no prior award or settlement. Respondent denied that petitioner sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 1, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Esther Reeves was awarded a lump sum of $41,250.00 as compensation for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00202-0 Date issued/filed: 2022-09-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/01/2022) regarding 35 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00202-UNJ Document 39 Filed 09/01/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0202V UNPUBLISHED ESTHER REEVES, Chief Special Master Corcoran Petitioner, Filed: August 1, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On February 25, 2020, Esther Reeves 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”) resulting from an influenza vaccine received on October 16, 2018. Petition at 1; Stipulation, filed August 1, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was received in the United States, she experienced residual effects of this 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 ¶¶ 2, 20, 21; 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 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. 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-00202-UNJ Document 39 Filed 09/01/22 Page 2 of 7 Nevertheless, on August 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 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 $41,250.00 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-00202-UNJ Document 39 Filed 09/01/22 Page 3 of 7 Case 1:20-vv-00202-UNJ Document 39 Filed 09/01/22 Page 4 of 7 Case 1:20-vv-00202-UNJ Document 39 Filed 09/01/22 Page 5 of 7 Case 1:20-vv-00202-UNJ Document 39 Filed 09/01/22 Page 6 of 7 Case 1:20-vv-00202-UNJ Document 39 Filed 09/01/22 Page 7 of 7