VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01035 Package ID: USCOURTS-cofc-1_20-vv-01035 Petitioner: Stephanie Eckert Filed: 2020-08-18 Decided: 2022-07-25 Vaccine: influenza Vaccination date: 2019-09-30 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 84600 AI-assisted case summary: Stephanie Eckert filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 30, 2019. She alleged that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no prior action or compensation had been sought for these injuries. Respondent denied that Ms. Eckert sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation for compensation. The court found the stipulation reasonable and adopted it as its decision, awarding Ms. Eckert a lump sum of $84,600.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01035-0 Date issued/filed: 2022-07-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/23/2022) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (Eagen, Kevin) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01035-UNJ Document 34 Filed 07/25/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1035V UNPUBLISHED STEPHANIE ECKERT, Chief Special Master Corcoran Petitioner, Filed: June 23, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 18, 2020, Stephanie Eckert 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 shesuffered left shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza vaccine received on September 30, 2019. Petition at 1; Stipulation, filed June 23, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and neither Petitioner nor any other party has ever filed an action, or received any compensation in the form of an award or settlement, for Petitioner’s vaccine-related injuries. Petition at ¶¶ 2, 11-14; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is a sequelae 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. 2National 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-01035-UNJ Document 34 Filed 07/25/22 Page 2 of 7 Nevertheless, on June 23, 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 mydecision 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 $84,600.00 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-01035-UNJ Document 34 Filed 07/25/22 Page 3 of 7 Case 1:20-vv-01035-UNJ Document 34 Filed 07/25/22 Page 4 of 7 Case 1:20-vv-01035-UNJ Document 34 Filed 07/25/22 Page 5 of 7 Case 1:20-vv-01035-UNJ Document 34 Filed 07/25/22 Page 6 of 7 Case 1:20-vv-01035-UNJ Document 34 Filed 07/25/22 Page 7 of 7