VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01095 Package ID: USCOURTS-cofc-1_20-vv-01095 Petitioner: Claudia Mercado Filed: 2023-02-14 Decided: 2023-03-17 Vaccine: influenza Vaccination date: 2018-10-18 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 90000 AI-assisted case summary: Claudia Mercado filed a petition for compensation under the National Vaccine Injury Compensation Program on February 14, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 18, 2018. Ms. Mercado stated that the vaccine was administered in the United States, that the injury's effects lasted for more than six months, and that she had not filed a prior civil action for damages related to her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Mercado sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other 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 February 13, 2023, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms. Mercado was awarded a lump sum of $90,000.00, payable to her, representing compensation for all eligible damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice. Theory of causation field: Petitioner Claudia Mercado alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 18, 2018. Respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as the decision. Ms. Mercado was awarded $90,000.00. The public text indicates a "Table" theory of causation was considered, but does not provide further details on the specific mechanism, experts, or evidence presented. Petitioner was represented by Leigh Finfer, and Respondent by Camille Michelle Collett. The decision was issued on March 17, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01095-0 Date issued/filed: 2023-03-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/14/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01095-UNJ Document 47 Filed 03/17/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1095V UNPUBLISHED CLAUDIA MERCADO, Chief Special Master Corcoran Petitioner, Filed: February 14, 2023 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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On August 28, 2020, Claudia Mercado 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 administered on October 18, 2018. Petition at 1; Stipulation, filed at February 13, 2023, ¶¶ 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 1, 5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged 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-01095-UNJ Document 47 Filed 03/17/23 Page 2 of 7 Nevertheless, on February 13, 2023, 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 $90,000.00 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-01095-UNJ Document 47 Filed 03/17/23 Page 3 of 7 Case 1:20-vv-01095-UNJ Document 47 Filed 03/17/23 Page 4 of 7 Case 1:20-vv-01095-UNJ Document 47 Filed 03/17/23 Page 5 of 7 Case 1:20-vv-01095-UNJ Document 47 Filed 03/17/23 Page 6 of 7 Case 1:20-vv-01095-UNJ Document 47 Filed 03/17/23 Page 7 of 7