VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01214
Package ID: USCOURTS-cofc-1_20-vv-01214
Petitioner: Kristen McCormack
Filed: 2020-09-16
Decided: 2022-07-05
Vaccine: influenza
Vaccination date: 2017-10-11
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 45000

AI-assisted case summary:
Kristen McCormack filed a petition for compensation under the National Vaccine Injury Compensation Program on September 16, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 11, 2017, and that she has suffered the effects of her injury for more than six months. Respondent denied that Petitioner sustained a SIRVA, that the vaccine caused her injury, or that her condition is a sequela of a vaccine-related injury. Nevertheless, on June 1, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as her decision. Pursuant to the stipulation, Kristen McCormack was awarded a lump sum of $45,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01214-0
Date issued/filed: 2022-07-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/02/2022) regarding 28 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01214-UNJ Document 32 Filed 07/05/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1214V
UNPUBLISHED
KRISTEN MCCORMACK, Chief Special Master Corcoran
Petitioner, Filed: June 2, 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)
Jason Wendell Whitley, Novitzke, Gust, Sempf & Whitley, Amery, WI, for Petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 16, 2020, Kristen McCormack 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 she received
on October 11, 2017. Petition at ¶¶ 2, 11; Stipulation, filed at June 1, 2022, ¶¶ 2, 4.
Petitioner further alleges that she has suffered the effects of her injury for more than six
months. Petition at ¶¶ 12; Stipulation at ¶4. Respondent denies “that Petitioner sustained
a SIRVA, as defined in the Table; 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.
Nevertheless, on June 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.
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-01214-UNJ Document 32 Filed 07/05/22 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $45,000.00 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

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