VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00650 Package ID: USCOURTS-cofc-1_20-vv-00650 Petitioner: Patty Aalbers Filed: 2020-05-27 Decided: 2023-04-06 Vaccine: influenza Vaccination date: 2018-09-12 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 27500 AI-assisted case summary: Petitioner Patty Aalbers filed a petition on May 27, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on September 12, 2018, she received an influenza vaccine in the United States and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). Petitioner stated that the residual effects of her injury lasted for more than six months post-vaccination and that neither she nor anyone else had filed a civil action or received compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury or any other injury, and that her condition was a sequela of a vaccine-related injury. Despite these denials, on March 6, 2023, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Petitioner was awarded a lump sum of $27,500.00, payable by check to Petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, treatments received, or the specific mechanism of injury. Petitioner's counsel was Amy A. Senerth of Muller Brazil, LLP, and respondent's counsel was Zoe Wade of the U.S. Department of Justice. Theory of causation field: Petitioner Patty Aalbers alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 12, 2018. The respondent denied that the vaccine caused the alleged injury or that it constituted a SIRVA Table injury. The parties ultimately filed a joint stipulation agreeing to compensation. The case was decided based on this stipulation, with Chief Special Master Brian H. Corcoran awarding a lump sum of $27,500.00. The theory of causation relied upon was a Table injury, specifically SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical evidence presented, as the matter was resolved via stipulation. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Zoe Wade. The decision date was April 6, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00650-0 Date issued/filed: 2023-04-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/06/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00650-UNJ Document 44 Filed 04/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0650V UNPUBLISHED PATTY AALBERS, Chief Special Master Corcoran Petitioner, Filed: March 6, 2023 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. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 27, 2020, Patty Aalbers 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, following the receipt of an influenza vaccine on September 12, 2018. Petition at 1, ¶ 2; Stipulation, filed at Mar. 6, 2023, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA more than six months post-vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 13-15; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of 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-00650-UNJ Document 44 Filed 04/06/23 Page 2 of 7 Nevertheless, on March 6, 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 $27,500.00 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-00650-UNJ Document 44 Filed 04/06/23 Page 3 of 7 Case 1:20-vv-00650-UNJ Document 44 Filed 04/06/23 Page 4 of 7 Case 1:20-vv-00650-UNJ Document 44 Filed 04/06/23 Page 5 of 7 Case 1:20-vv-00650-UNJ Document 44 Filed 04/06/23 Page 6 of 7 Case 1:20-vv-00650-UNJ Document 44 Filed 04/06/23 Page 7 of 7