VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00941 Package ID: USCOURTS-cofc-1_20-vv-00941 Petitioner: Linda Howard Filed: 2020-07-31 Decided: 2022-08-04 Vaccine: influenza Vaccination date: 2019-08-21 Condition: right shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 73309 AI-assisted case summary: Linda Howard filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered right shoulder injuries related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on August 21, 2019. She further alleged that her injury lasted more than six months and that she had not received any prior award or settlement for this condition. Respondent denied that Ms. Howard sustained a SIRVA Table injury, denied that her shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused any other injury or sequela. Despite these denials, on June 29, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Ms. Howard was awarded a lump sum of $73,309.94, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00941-0 Date issued/filed: 2022-08-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/29/2022) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00941-UNJ Document 32 Filed 08/04/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0941V UNPUBLISHED LINDA HOWARD, Chief Special Master Corcoran Petitioner, Filed: June 29, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 31, 2020, Linda Howard 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 right shoulder injuries related to vaccine administration (“SIRVA”) as a result of receiving an influenza (“flu”) vaccine on August 21, 2019. Petition at 1; Stipulation, filed at June 29, 2022, ¶¶ 1-4. Petitioner further alleges that she experienced her injury for more than six months and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 3; Stipulation at ¶¶ 4-5. Respondent denies “that petitioner sustained a SIRVA Table injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current sequela.” 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-00941-UNJ Document 32 Filed 08/04/22 Page 2 of 7 Nevertheless, on June 29, 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 $73,309.94, 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-00941-UNJ Document 32 Filed 08/04/22 Page 3 of 7 Case 1:20-vv-00941-UNJ Document 32 Filed 08/04/22 Page 4 of 7 Case 1:20-vv-00941-UNJ Document 32 Filed 08/04/22 Page 5 of 7 Case 1:20-vv-00941-UNJ Document 32 Filed 08/04/22 Page 6 of 7 Case 1:20-vv-00941-UNJ Document 32 Filed 08/04/22 Page 7 of 7