VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00338 Package ID: USCOURTS-cofc-1_20-vv-00338 Petitioner: Lisa Ahern Filed: 2020-03-25 Decided: 2023-11-03 Vaccine: influenza Vaccination date: 2017-10-17 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 5000 AI-assisted case summary: Lisa Ahern filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2020, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 17, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's SIRVA or any other injury, and also denied that her current condition was a sequela of a vaccine-related injury. Despite maintaining these positions, the parties reached a stipulation to settle the issues. Under the terms of the stipulation, the court entered a decision awarding Lisa Ahern $5,000 as a lump sum for all damages. This amount is intended to compensate for all damages available under the program. The decision was issued on November 3, 2023, following the stipulation. Petitioner was represented by Andrew Downing of Downing, Allison & Jorgenson, and respondent was represented by Catherine E. Stolar of the U.S. Department of Justice. Special Master Thomas L. Gowen issued the decision. Theory of causation field: Petitioner Lisa Ahern alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 17, 2017. The respondent denied causation and sequela. The parties reached a stipulation to settle the case, with the respondent agreeing to a decision awarding compensation. The public text does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The stipulation resulted in a decision on November 3, 2023, awarding petitioner $5,000 as a lump sum for all damages. Special Master Thomas L. Gowen issued the decision. Petitioner's counsel was Andrew Downing, and respondent's counsel was Catherine E. Stolar. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00338-0 Date issued/filed: 2023-11-29 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/3/2023) regarding 62 DECISION Stipulation Signed by Special Master Thomas L. Gowen. (ms) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: November 3, 2023 * * * * * * * * * * * * * LISA AHERN * * Petitioner, * No. 20-338V * v. * Special Master Gowen * SECRETARY OF HEALTH * Decision on Stipulation; AND HUMAN SERVICES, * Influenza (“flu”); Shoulder * . Injury Related to Vaccine Respondent. * Administration (“SIRVA”). * * * * * * * * * * * * * Andrew Downing, Downing, Allison & Jorgenson, Phoenix, AZ, for petitioner. Catherine E. Stolar, U.S. Dept. of Justice, Washington, D.C., for respondent. DECISION ON STIPULATION1 On March 25, 2020, Lisa Ahern (“petitioner”) filed a petition for compensation in the National Vaccine Injury Compensation Program.2 Petition (ECF No. 1). Petitioner alleged that she suffered from a left Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the influenza (“flu”) vaccine on October 17, 2017. Id. On November 3, 2023, respondent filed a stipulation providing that a decision should be entered awarding compensation to petitioner. Stipulation (ECF No. 61). Respondent denies that the flu vaccine caused petitioner to suffer a left SIRVA or any other injury. Id. at ¶ 6. Respondent also denies that petitioner’s current condition is a sequalae of a vaccine related injury. Id. Nevertheless, maintaining their respective positions, the parties now agree that the 1 Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this opinion contains a reasoned explanation for the action in this case, I am required to post it on the website of the United States Court of Federal Claims. The court’s website is at http://www.uscfc.uscourts.gov/aggregator/sources/7. This means the opinion will be available to anyone with access to the Internet. Before the opinion is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the opinion will be posted on the court’s website without any changes. Id. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 2 of 7 issues between them shall be settled and that a decision should be entered awarding petitioner compensation according to the terms of the stipulation attached hereto as Appendix A. Id. at ¶ 7. The stipulation provides: 1) A lump sum of $5,000 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Accordingly, the Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the stipulation and this decision.3 IT IS SO ORDERED. s/Thomas L. Gowen Thomas L. Gowen Special Master 3 Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a). 2 Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 3 of 7 Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 4 of 7 Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 5 of 7 Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 6 of 7 Case 1:20-vv-00338-UNJ Document 68 Filed 11/29/23 Page 7 of 7