VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00511 Package ID: USCOURTS-cofc-1_20-vv-00511 Petitioner: Jennifer Drees Filed: 2020-04-27 Decided: 2023-08-18 Vaccine: influenza Vaccination date: 2018-10-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 33250 AI-assisted case summary: Jennifer Drees filed a petition for compensation under the National Vaccine Injury Compensation Program on April 27, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 18, 2018, and that she continued to suffer residual effects from this injury through September 1, 2019. The respondent denied that the flu vaccine caused the alleged injury or any other injury, and denied that the petitioner's current disabilities were sequelae of a vaccine-related injury. On July 13, 2023, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision. Jennifer Drees was awarded a lump sum of $33,250.00 as compensation for all items of damages, payable to the petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms. Drees. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Mitchell Jones of the U.S. Department of Justice. Theory of causation field: Petitioner Jennifer Drees alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 18, 2018. The injury was alleged to be a Table injury, with residual effects continuing through September 1, 2019. The respondent denied causation. The parties filed a joint stipulation on July 13, 2023, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $33,250.00 as a lump sum. The public text does not detail the specific mechanism of injury, expert testimony, or the reasoning behind the stipulation beyond the agreement to compensate. Petitioner was represented by Amy A. Senerth and respondent by Mitchell Jones. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00511-0 Date issued/filed: 2023-08-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/14/2023) regarding 45 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00511-UNJ Document 49 Filed 08/18/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0511V JENNIFER DREES, Chief Special Master Corcoran Petitioner, Filed: July 14, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 27, 2020, Jennifer Drees 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”), a defined Table injury, after receiving the influenza (“flu”) vaccine on October 18, 2018. Petition at 1, ¶ 2; Stipulation, filed at July 13, 2023, ¶¶ 1-2, 4. Petitioner further alleges she received the vaccine within the United States, that she continued to suffer the residual effects of her injury through September 1, 2019 – more than six months post-vaccination, and that neither she nor any other individual has filed received compensation for her alleged vaccine-related injury. Petition at ¶¶ 2, 8-10; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner’s alleged injury, or any other injury, and further denies that [P]etitioner’s current disabilities are sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-00511-UNJ Document 49 Filed 08/18/23 Page 2 of 7 Nevertheless, on July 13, 2023, 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 $33,250.00 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-00511-UNJ Document 49 Filed 08/18/23 Page 3 of 7 Case 1:20-vv-00511-UNJ Document 49 Filed 08/18/23 Page 4 of 7 Case 1:20-vv-00511-UNJ Document 49 Filed 08/18/23 Page 5 of 7 Case 1:20-vv-00511-UNJ Document 49 Filed 08/18/23 Page 6 of 7 Case 1:20-vv-00511-UNJ Document 49 Filed 08/18/23 Page 7 of 7