VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00493 Package ID: USCOURTS-cofc-1_20-vv-00493 Petitioner: Junetta Justice Filed: 2020-04-23 Decided: 2022-09-01 Vaccine: meningococcal Vaccination date: 2018-07-23 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 30500 AI-assisted case summary: Junetta Justice filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her meningococcal vaccine received on July 23, 2018. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for this injury. Respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on July 26, 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, Junetta Justice was awarded a lump sum of $30,500.00, 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-00493-0 Date issued/filed: 2022-09-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/27/2022) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00493-UNJ Document 45 Filed 09/01/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-493V UNPUBLISHED JUNETTA JUSTICE, Chief Special Master Corcoran Petitioner, Filed: July 27, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Meningococcal Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 23, 2020, Junetta Justice 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 Table injury –Shoulder Injury Related to Vaccine Administration (SIRVA) – as a result of her July 23, 2018 meningococcal vaccines. See Petition at 1; see Stipulation, filed at July 26, 2022, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered 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 on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 1, 18. “Respondent denies that [P]etitioner sustained a SIRVA; denies that the meningococcal vaccines caused [P]etitioner’s alleged shoulder injuries, 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-00493-UNJ Document 45 Filed 09/01/22 Page 2 of 7 Nevertheless, on July 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 $30,500.00 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-00493-UNJ Document 45 Filed 09/01/22 Page 3 of 7 Case 1:20-vv-00493-UNJ Document 45 Filed 09/01/22 Page 4 of 7 Case 1:20-vv-00493-UNJ Document 45 Filed 09/01/22 Page 5 of 7 Case 1:20-vv-00493-UNJ Document 45 Filed 09/01/22 Page 6 of 7 Case 1:20-vv-00493-UNJ Document 45 Filed 09/01/22 Page 7 of 7