VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00466
Package ID: USCOURTS-cofc-1_20-vv-00466
Petitioner: Sally Johnson
Filed: 2020-04-20
Decided: 2022-08-04
Vaccine: influenza
Vaccination date: 2017-11-13
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Sally Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on April 20, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on November 13, 2017. The petition stated that the vaccination was administered in the United States, that her symptoms continued for more than six months, and that neither she nor any other party had ever received compensation for her vaccine-related injury. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged left shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation on July 1, 2022, agreeing to settle the case. The stipulation stated that the flu vaccine is on the Vaccine Injury Table and that petitioner experienced residual effects for more than six months. Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Sally Johnson $20,000.00 in compensation for all items of damages available under the Vaccine Act. The decision was entered on August 4, 2022. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sally Johnson filed a petition on April 20, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 13, 2017. The respondent denied the alleged injury and causation. The parties filed a joint stipulation on July 1, 2022, agreeing to settle the case. The stipulation noted that the flu vaccine is on the Vaccine Injury Table and that petitioner experienced residual effects for more than six months. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $20,000.00 in compensation for all items of damages available under the Vaccine Act. The decision was entered on August 4, 2022. Petitioner was represented by Leah VaSahnja Durant and Respondent by Alexa Roggenkamp. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the allegation of SIRVA and its duration.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00466-0
Date issued/filed: 2022-08-04
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/05/2022) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00466-UNJ Document 37 Filed 08/04/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0466V
UNPUBLISHED
SALLY JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: July 5, 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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 20, 2020, Sally Johnson 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”) resulting from an influenza vaccine received on November 13,
2017. Petition at 1; Stipulation, filed July 1, 2022, at ¶¶ 2-4. Petitioner further alleges that
the vaccine was received in the United States, her symptoms continued for more than six
months, and neither Petitioner nor any other party has ever received compensation in the
form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 1, 9-10; Ex.
1; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table
injury; denies that the vaccine caused petitioner’s alleged left 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.
2National 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-00466-UNJ Document 37 Filed 08/04/22 Page 2 of 7
Nevertheless, on July 1, 2022,the parties filed the attachedjoint stipulation, stating
that a decision should be entered awarding compensation. I find the stipulation
reasonable and adopt it as mydecision 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 $20,000.00 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-00466-UNJ Document 37 Filed 08/04/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SALLY JOHNSON,
Petitioner,
V. No. 20-466V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERV ICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Sally Johnson ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 to -34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenz.a ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"),42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on November 13, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccination
administration ("SIRVA") within the time period set forth in the Table following administration
of the flu vaccine, or in the alternative, that her alleged shoulder injury was caused by the flu
vaccine. She further alleges that she experienced the residual effects of this alleged injury for
more than six months.

Case 1:20-vv-00466-UNJ Document 37 Filed 08/04/22 Page 4 of 7
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her alleged injury or condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged left shoulder injury or any other injury, and denies that her
current condition is a sequela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21 (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $20,000.00 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-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-21 (a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
2

Case 1:20-vv-00466-UNJ Document 37 Filed 08/04/22 Page 5 of 7
State health benefits programs (other than Title XlX of the Social Security Act (4 2 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
l 5(i), subject to the availability of sufficient statutory funds.
12, The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l Oe t seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on November 13, 2017,
as alleged by petitioner in a petition for vaccine compensation filed on or about April 20, 2020,
in the United States Court of Federal Claims as petition No. 20-466V.
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Case 1:20-vv-00466-UNJ Document 37 Filed 08/04/22 Page 6 of 7
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the tenns of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current condition, or that petitioner suffered an injury contained in the
Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:20-vv-00466-UNJ Document 37 Filed 08/04/22 Page 7 of 7
Resp~ctfully submitted,
PETitftONER:
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AUTHORIZED REPJ{ESENTA.TIVE
OF THE ATTORNEY GENERAL:
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HEATIIER L. PEARLMAN
Deputy Directoc
Torts Branch
CivU Division
U.S. Department of Justice
P.O.Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AtJ'ltHORlZED RE.PRESENTA TIVE ATTORNEY OF.RECORD FOR
Oi tHE SECRETARY OF H.EALTR RESPONDENT:
~ HUMAN SERVICES:
Geor.ge R. Grimes;.
Ofgli.flysignedllyGeorg~ A.
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-S l ~ _.. oaie: 2022.06.13 12.SJ;.!,!-04'00'
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CDR OEOROE REED GRIMES, MD, MPH ALB A~ GGEN
Dire~tor, Division of Injury Trial Attomey
Cofripensation Programs Torts Branch
Healthcare System Bureau Civil Division
Heaith Resources and Services U.S. Departme11t of Justice
Adrriinistratjon P.O. Box 146
u.sJ
D.epartmeu.t of Health Beajamin. Franklin Station
and _Human Set"Vices Washington, DC 20044-0146
560~ Fishers Lane, 08N 146B 202-616-4179
Rocfy ille, MD 20857 alexa.roggenkalnp@usdoj.gov
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