VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01171 Package ID: USCOURTS-cofc-1_20-vv-01171 Petitioner: Kimberly Monk Filed: 2020-09-10 Decided: 2023-01-25 Vaccine: influenza Vaccination date: 2017-10-23 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 98000 AI-assisted case summary: Kimberly Monk filed a petition for compensation under the National Vaccine Injury Compensation Program on September 10, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 23, 2017. The petition stated that the vaccine was received in the United States, that the residual effects of the injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury, and denied that petitioner's current condition was a sequelae of a vaccine-related injury. Despite the respondent's denials, on December 19, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Kimberly Monk was awarded a lump sum of $98,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on January 25, 2023. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP, and respondent's counsel was Nancy Tinch of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The specific theory of causation relied upon by the parties in their stipulation is not detailed in the public decision. Theory of causation field: Petitioner Kimberly Monk alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 23, 2017. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury or its sequelae. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in a $98,000.00 lump sum award for all damages under Section 15(a). The public decision does not specify the medical mechanism of injury, expert testimony, or detailed factual basis for the SIRVA claim, relying instead on the parties' agreement. The theory of causation is based on a Table injury, as indicated by the respondent's denial of a 'SIRVA Table injury', and was resolved via stipulation rather than litigation of specific medical causation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01171-0 Date issued/filed: 2023-01-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/19/2022) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01171-UNJ Document 46 Filed 01/25/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1171V UNPUBLISHED KIMBERLY MONK, Chief Special Master Corcoran Petitioner, Filed: December 19, 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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 10, 2020, Kimberly Monk 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 was administered to her on October 23, 2017. Petition at 1; Stipulation, filed on December 19, 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 1,5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s 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. 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-01171-UNJ Document 46 Filed 01/25/23 Page 2 of 7 Nevertheless, on December 19, 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 $98,000.00 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-01171-UNJ Document 46 Filed 01/25/23 Page 3 of 7 Case 1:20-vv-01171-UNJ Document 46 Filed 01/25/23 Page 4 of 7 Case 1:20-vv-01171-UNJ Document 46 Filed 01/25/23 Page 5 of 7 Case 1:20-vv-01171-UNJ Document 46 Filed 01/25/23 Page 6 of 7 Case 1:20-vv-01171-UNJ Document 46 Filed 01/25/23 Page 7 of 7