VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00534 Package ID: USCOURTS-cofc-1_20-vv-00534 Petitioner: Katheryn Lungaro Filed: 2020-04-30 Decided: 2024-06-24 Vaccine: influenza Vaccination date: 2017-11-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Katheryn Lungaro filed a petition for compensation under the National Vaccine Injury Compensation Program on April 30, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on November 2, 2017. She claimed to have experienced residual effects for more than six months and met other program requirements. Respondent denied that petitioner sustained a Table injury for SIRVA, denied that the vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the contested nature of the claim, the parties filed a joint stipulation on May 21, 2024, agreeing to an award of compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court. Ms. Lungaro was awarded a lump sum of $40,000.00, representing compensation for all items of damages available under the program. The case proceeded as a Table claim, and the award was made via stipulation. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00534-0 Date issued/filed: 2024-06-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 5/22/2024) regarding 55 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (sh). Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00534-UNJ Document 59 Filed 06/24/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-534V Filed: May 22, 2024 KATHERYN LUNGARO, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Michael G. McLaren, Black McLaren, et al., PC, Memphis, TN, for petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On April 30, 2020, petitioner 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”) as a result of her November 2, 2017 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 21, 2024, at ¶ 2. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table injury for SIRVA, denies that the vaccine caused petitioner’s alleged 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 document 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 document 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-00534-UNJ Document 59 Filed 06/24/24 Page 2 of 7 Nevertheless, on May 21, 2024, 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 the decision of the Court in 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 $40,000.00 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 § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner 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-00534-UNJ Document 59 Filed 06/24/24 Page 3 of 7 Case 1:20-vv-00534-UNJ Document 59 Filed 06/24/24 Page 4 of 7 Case 1:20-vv-00534-UNJ Document 59 Filed 06/24/24 Page 5 of 7 Case 1:20-vv-00534-UNJ Document 59 Filed 06/24/24 Page 6 of 7 Case 1:20-vv-00534-UNJ Document 59 Filed 06/24/24 Page 7 of 7