VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01122 Package ID: USCOURTS-cofc-1_20-vv-01122 Petitioner: Rebecca Jaramillo Filed: 2022-02-01 Decided: 2022-03-04 Vaccine: influenza Vaccination date: 2019-09-27 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 46000 AI-assisted case summary: Rebecca Jaramillo filed a petition for compensation under the National Vaccine Injury Compensation Program on February 1, 2022, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 27, 2019. She further alleged that she experienced residual effects of her injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that her shoulder injury was caused-in-fact by the vaccine, and denied that the vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation on February 1, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Rebecca Jaramillo was awarded a lump sum of $46,000.00, representing compensation for all items of damages available under the program. The decision directed the Clerk of Court to enter judgment in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01122-0 Date issued/filed: 2022-03-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/01/2022) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. Modified on 3/10/2022 to correct stipulation, missing pages. (tjk). -------------------------------------------------------------------------------- Case 1:20-vv-01122-UNJ Document 31 Filed 03/04/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1122V UNPUBLISHED REBECCA JARAMILLO, Chief Special Master Corcoran Petitioner, Filed: February 1, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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. Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 2, 2020, Rebecca Jaramillo 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 left shoulder injury related to vaccine administration (SIRVA) after an influenza (“flu”) vaccine received on September 27, 2019. Petition at 1; Stipulation, filed at February 1, 2022, ¶¶ 2, 4. Petitioner further alleges that she experienced the residual effects of her injury for more than six months. Petition at ¶ 11; Stipulation at ¶ 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 condition. 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-01122-UNJ Document 31 Filed 03/04/22 Page 2 of 7 Nevertheless, on February 1, 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 $46,000.00 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-01122-UNJ Document 31 Filed 03/04/22 Page 3 of 7 Case 1:20-vv-01122-UNJ Document 31 Filed 03/04/22 Page 4 of 7 Case 1:20-vv-01122-UNJ Document 31 Filed 03/04/22 Page 5 of 7 Case 1:20-vv-01122-UNJ Document 31 Filed 03/04/22 Page 6 of 7 Case 1:20-vv-01122-UNJ Document 31 Filed 03/04/22 Page 7 of 7