VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00477 Package ID: USCOURTS-cofc-1_20-vv-00477 Petitioner: Margaret Legum Filed: 2022-01-27 Decided: 2022-03-03 Vaccine: influenza Vaccination date: 2017-10-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Margaret Legum filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 25, 2017. She stated the vaccine was administered in the United States, her injuries lasted more than six months, and she had not received any prior award or settlement for vaccine injuries. Respondent denied that Ms. Legum sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on January 26, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Legum was awarded a lump sum of $60,000.00, 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-00477-0 Date issued/filed: 2022-03-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/27/2022) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00477-UNJ Document 37 Filed 03/03/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-477V UNPUBLISHED MARGARET LEGUM, Chief Special Master Corcoran Petitioner, Filed: January 27, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 21, 2020, Margaret Legum 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 shoulder injury related to vaccine administration (SIRVA) resulting from the adverse effects of the influenza (flu) vaccination she received on October 25, 2017. Petition at 1; Stipulation, filed at January 26, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccine was administered in the United States, her injuries lasted for more than six months, and she has never received an award or settlement for her vaccine injuries, nor filed a civil action. Petition at 1, 6; Ex. 15 at 5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused [P]etitioner’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-00477-UNJ Document 37 Filed 03/03/22 Page 2 of 7 Nevertheless, on January 26, 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 $60,000.00 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-00477-UNJ Document 37 Filed 03/03/22 Page 3 of 7 Case 1:20-vv-00477-UNJ Document 37 Filed 03/03/22 Page 4 of 7 Case 1:20-vv-00477-UNJ Document 37 Filed 03/03/22 Page 5 of 7 Case 1:20-vv-00477-UNJ Document 37 Filed 03/03/22 Page 6 of 7 Case 1:20-vv-00477-UNJ Document 37 Filed 03/03/22 Page 7 of 7