VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00615 Package ID: USCOURTS-cofc-1_20-vv-00615 Petitioner: Debra Stott Filed: 2020-05-18 Decided: 2022-07-12 Vaccine: influenza Vaccination date: 2018-10-08 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Debra Stott filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2020, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on or about October 8, 2018. The respondent, the Secretary of Health and Human Services, denied that the petitioner suffered the onset of her alleged SIRVA within the Table timeframe, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on July 12, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Stott was awarded a lump sum of $20,000.00, payable by check to Petitioner, as compensation for all items of damages. Leigh Finfer of Muller Brazil, LLP, represented the Petitioner, and Mallori Browne Openchowski represented the Respondent. The decision was issued on July 12, 2022, and posted on August 19, 2022. Theory of causation field: Petitioner Debra Stott alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on or about October 8, 2018. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that the injury occurred within the Table timeframe, denied causation, and denied that current disabilities were a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it. Petitioner was awarded $20,000.00 as a lump sum. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP, and Respondent's counsel was Mallori Browne Openchowski. The decision date was July 12, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00615-0 Date issued/filed: 2022-08-19 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/12/2022) regarding 43 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00615-UNJ Document 46 Filed 08/19/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0615V UNPUBLISHED DEBRA STOTT, Chief Special Master Corcoran Petitioner, v. Filed: July 12, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu); Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA). Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 18, 2020, Debra Stott filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On or about October 8, 2018, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) as a consequence of the flu vaccine and further alleges that she suffered the residual effects of this injury for more than six months. 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-00615-UNJ Document 46 Filed 08/19/22 Page 2 of 7 Respondent denies that Petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused Petitioner’s alleged shoulder injury or any other injury; and further denies that Petitioner’s current disabilities are a sequela of a vaccine-related injury. Nevertheless, on July 12, 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 $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-00615-UNJ Document 46 Filed 08/19/22 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS DEBRA STOTT, Petitioner, No. 20-615V Chief Special Master Corcoran SPU V. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Debra Stott, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received a flu vaccine on or about October 8, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a consequence of the flu immunization she received on or about October 8, 2018, and further alleges that she suffered the residual effects of this injury for more than six months. 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 condition. Page 1 of 5 Case 1:20-vv-00615-UNJ Document 46 Filed 08/19/22 Page 4 of 7 Case 1:20-vv-00615-UNJ Document 46 Filed 08/19/22 Page 5 of 7 Case 1:20-vv-00615-UNJ Document 46 Filed 08/19/22 Page 6 of 7 Case 1:20-vv-00615-UNJ Document 46 Filed 08/19/22 Page 7 of 7