VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00759 Package ID: USCOURTS-cofc-1_20-vv-00759 Petitioner: Mary Ann Hatlelid Filed: 2020-06-24 Decided: 2022-03-03 Vaccine: influenza Vaccination date: 2018-09-09 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 25145 AI-assisted case summary: Mary Ann Hatlelid filed a petition on June 24, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on September 9, 2018, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) within the timeframe specified by the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged shoulder injury or any other injury. The parties, represented by Glen Howard Sturtevant, Jr. for the petitioner and Christine Mary Becer for the respondent, ultimately filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. On March 3, 2022, he issued a decision adopting the stipulation and awarding Mary Ann Hatlelid $25,145.00 as a lump sum payable by check. This amount was designated as compensation for all items of damages. The decision noted that the case proceeded as a Table claim and that the stipulation included a release of the United States from further claims related to this specific vaccine administration. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by the petitioner, nor does it name any medical experts. Theory of causation field: Petitioner Mary Ann Hatlelid received an influenza vaccine on September 9, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the Table time frame. Respondent denied causation. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $25,145.00 as a lump sum for all damages. The case proceeded as a Table claim. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Petitioner was represented by Glen Howard Sturtevant, Jr., and Respondent by Christine Mary Becer. The decision date was March 3, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00759-0 Date issued/filed: 2022-03-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/26/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00759-UNJ Document 34 Filed 03/03/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0759V UNPUBLISHED MARY ANN HATLELID, Chief Special Master Corcoran Petitioner, v. Filed: January 26, 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). Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 24, 2020, Mary Ann Hatlelid 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”) within the Table time frame causally related to her receipt of the influenza (“flu”) vaccine on September 9, 2018. Petition at 1. On January 25, 2022, the parties filed the attached joint stipulation, which states that a decision should be entered awarding compensation. ECF No. 27. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. 1 Because this unpublished opinion 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 opinion 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-00759-UNJ Document 34 Filed 03/03/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: • A lump sum of $25,145.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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 the 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-00759-UNJ Document 34 Filed 03/03/22 Page 3 of 7 No. 4644 P. 2 Jan.14.2022 8:09AM UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) MARY ANNHA~ E'. ID, ( ) ) ~ : ) Peti~o '. r, ) No. 20-759V v. I : Chief Special Master Corcoran ' ? ) ~ ECF SECRETARYOFk { THANDHUMAN SERVICES, ~ ! ) ~ Res~ n; ent. I i STIPULATION 1i f i i' The parties h~re stipulate to the following matters: 1. Mary Ann~~ lelid, petitioner, fi1ed a petition for vaccine compensation under the j, ; Injib,I National Vaccine ompensation Program, 42 U.S.C. § 300aa-10 to -34 (the ''Vaccine f ; I1', :' Program"). The petiqo 1s eeks compensation for injuries allegedly related to petitioner's receipt ' : ~ of the influenza ("flut) ccine, which vaccine is contained in the Vaccine Injury Table (the t ; §I "Table''), 42 C.F.R. 10/ .3(a). ! t 2. Petitioner $ c: ved the flu vaccination in her left arm on September 9, 2018. ii ' 1 3. The vaccinr ~ administered within the United States. 41e'. es 4. Petitioner that she suffered a Shoulder Injury Related to Vaccine Administration ("SIR!,·~ ') as a result of receiving the flu vaccine within the Table time frame, I '. l and that she experienided~ sid ual effects of this injury for more than six months. 5. Petitioner sents that there has been no priouward or settlement ofa civil action I , t. ' for damages on her bebar as a result of her condition. ! i t t ! l ! l I t I' ! f: i i t Jan. 14. 2022 C8a: s0e9A 1M: 20-vI v-00759-UNJ Document 34 Filed 03/03/22 PaNgoe. 446 4o4f 7 P. 3 ! f l 6. Respon1t enies that petitioner sustained a SIRVA, as defined in the Table; denies 1 that the vaccin.e cawted1 eti.ti.oner's alleged shoulder injury, or any other injucy; and denies that ~ I f: t her current conditioii is[ sequelae of a vaccine-related injury. II ; I 7. Ma.inta.tn_Jig eir above-stated positions, the parties nevertheless now agree that the I f t ; issues between th~ s ; be settled and that a decision should be entered awarding the f : compensation descr$ \ in paragraph 8 of this Stipulation. ! ! 8fr ' 8. As soosn tp ;~· c ti cable after an entry of judgment reflecting a decision consistent with ! t the terms of this on, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.ct. §: 00aa-21(a)(l), the Secretary of Health and Human Services will issue a i ; 1 ( i ; lump sum of$25,14ro; in the form of a check payable to petitioner. This amount represents ! ; compensation for aui~ ages that would be available under 42 U.S.C. § 300aa~15(a). 'f ;> (cid:157) 9. As soon p; cticable after the entry of judgment on entitlement in this case, and after ~ ~ petitioner has filed~~ a proper and timely election to receive compensation pursuant to 42 l : U.S.C. § 300aa-21(af(l; and an application, the parties will submit to further proceedings before I . the special master to~a~ d reasonable attorneys, fees and costs incurred in proceeding upon this i i ~ ~ petition. t I l 10. Petitioner '. d her attorney represent that compensation to be provided pursuant to i~ :~ this Stipulation is no! f1 ~ any items or services for which the Program is not primarily liable 3qo~ under 42 U. S.C. § -1 S(g), to the extent that payment has been made or can reasonably be ! expected to be made~m:' er any State compensation programs, insurance policies, Federal or r~ ~ t : State health benefits~~ s (o ther than Title XIX of the Social Security Act (4 2 U .S.C. ,. 1 I~ : i § 1396 et seq.)), orb~ e\ tities that provide health services on a pre-paid basis. ! ; i I • f I I ' 2 i i i I Case 1:20-vv-00759-UNJ Document 34 Filed 03/03/22 Pa N g o. e 4 6 5 4 4 o f 7 P. 4 Jan.14.2022 8: 10AM i t 1 ~ i 11. Paymeni m, de pursuant to paragraph 8 of this Stipulation, and any amounts awarded 1~: t '. pursuant to paragrait ~of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa- 1 ~ 15(i), subject to the ability of sufficient statutory funds. t : 12. The p~es ; nd their attorneys further agree and stipulate that, except for any award 11 l for attorneys' fees add 1: ·g ation costs, and past unreimbursable expenses, the money provided i 1 pursuant to this Stip~la~ n will be used solely for the benefit of petitioner, as contemplated by a orr l ; strict construction 2\ .S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. 4).; §§ 300aa-15(g) and I l 13. In return for\ e payments described in paragraphs 8 and 9, petitioner, in her ! : ind1vidual capacity Jd ~ n behalf of her heirs, executors, administrators, successors or assigns, ' • does forever irrevocably; nd unconditionally release, acquit and discharge the United States and I ; the Secretary of Heal~ ; d Human Services from any and all actions, causes of action (including ( j agreements, judgments, 1 laims, damages, loss of services, expenses and all demands of whatever ~v~ kind or nature) that een brought, could have been brought, or could be timely brought in ! : the Court of Federal