VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00903 Package ID: USCOURTS-cofc-1_20-vv-00903 Petitioner: Sapna Patel Filed: 2020-07-24 Decided: 2023-06-16 Vaccine: influenza Vaccination date: 2018-10-10 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Sapna Patel filed a petition for compensation on July 24, 2020, alleging that an influenza vaccine she received on October 10, 2018, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). Ms. Patel contended that SIRVA is a condition listed on the Vaccine Injury Table and that the residual effects of her injury lasted for more than six months. She also represented that there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Patel's alleged left shoulder injury, SIRVA, or any other condition. Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J. Moran reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, Ms. Patel was awarded a lump sum of $60,000.00, payable by check to the petitioner, as compensation for all damages. The clerk was directed to enter judgment according to this decision and the stipulation. Maximillian J. Muller of Muller Brazil, LLP, represented the petitioner, and Kimberly Shubert Davey of the United States Department of Justice represented the respondent. The decision was filed on June 16, 2023. Theory of causation field: Petitioner Sapna Patel alleged that an influenza vaccine administered on October 10, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table, with residual effects lasting over six months. Respondent denied causation. The parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the Court's decision. The stipulation resulted in a $60,000.00 lump sum award to the petitioner. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Kimberly Shubert Davey (United States Dep’t of Justice). The decision was filed on June 16, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00903-0 Date issued/filed: 2023-06-16 Pages: 2 Docket text: PUBLIC DECISION (Originally filed: 05/25/23) regarding 50 DECISION Stipulation/Proffer, Signed by Special Master Christian J. Moran. (ceo) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00903-UNJ Document 54 Filed 06/16/23 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS * * * * * * * * * * * * * * * * * * * * * * * * * SAPNA PATEL, * No. 20-903V * Petitioner, * * Special Master Christian J. Moran v. * * Filed: May 25, 2023 SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner; Kimberly Shubert Davey, United States Dep’t of Justice, Washington, DC, for Respondent. UNPUBLISHED DECISION1 On May 22, 2023, the parties filed a joint stipulation concerning the petition for compensation filed by Sapna Patel on July 24, 2020. Petitioner alleged that the influenza vaccine she received on October 10, 2018, which is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a), caused her to suffer from a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as defined in the Table. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petitioner represents that there has been no prior award 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), the parties have 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. Any changes will appear in the document posted in the website. Case 1:20-vv-00903-UNJ Document 54 Filed 06/16/23 Page 2 of 2 or settlement of a civil action for damages on her behalf as a result of her condition. Respondent denies that the influenza vaccine caused petitioner to suffer a left shoulder injury or any other injury or her current condition, and denies that petitioner sustained a SIRVA Table injury. Nevertheless, the parties agree to the joint stipulation, attached hereto. The undersigned finds said stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Damages awarded in that stipulation include: A lump sum of $60,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). In the absence of a motion for review filed pursuant to RCFC, Appendix B, the clerk is directed to enter judgment according to this decision and the attached stipulation.2 IT IS SO ORDERED. s/Christian J. Moran Christian J. Moran Special Master 2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each party filing a notice renouncing the right to seek review by a United States Court of Federal Claims judge. 2