VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01018 Package ID: USCOURTS-cofc-1_20-vv-01018 Petitioner: Donna Warren Filed: 2020-08-04 Decided: 2022-10-18 Vaccine: influenza Vaccination date: 2018-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 81556 AI-assisted case summary: Donna Warren filed a petition for compensation under the National Vaccine Injury Compensation Program on August 4, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2018. She stated she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for this condition. Respondent denied that Ms. Warren sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 9, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Warren was awarded a lump sum of $81,556.75, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on October 18, 2022. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01018-0 Date issued/filed: 2022-10-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/12/2022) regarding 50 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01018-UNJ Document 54 Filed 10/18/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1018V UNPUBLISHED DONNA WARREN, Chief Special Master Corcoran Petitioner, Filed: September 12, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 4, 2020, Donna Warren 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”) as a result of an influenza (“flu”) vaccine that she received on October 22, 2018. Petition at 1; Stipulation, filed on September 9, 2022, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 11; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged right shoulder injury or any other injury, and denies that her current condition is a sequela of a 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-01018-UNJ Document 54 Filed 10/18/22 Page 2 of 7 Nevertheless, on September 9, 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 $81,556.75 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-01018-UNJ Document 54 Filed 10/18/22 Page 3 of 7 Case 1:20-vv-01018-UNJ Document 54 Filed 10/18/22 Page 4 of 7 Case 1:20-vv-01018-UNJ Document 54 Filed 10/18/22 Page 5 of 7 Case 1:20-vv-01018-UNJ Document 54 Filed 10/18/22 Page 6 of 7 Case 1:20-vv-01018-UNJ Document 54 Filed 10/18/22 Page 7 of 7