VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01276 Package ID: USCOURTS-cofc-1_20-vv-01276 Petitioner: Beth A. Ross Filed: 2022-10-31 Decided: 2022-12-01 Vaccine: influenza Vaccination date: 2019-09-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Beth A. Ross filed a petition for compensation on October 31, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2019. She claimed the vaccine was administered in the United States, that her condition had residual effects for more than six months, and that she had no prior award or settlement for this injury. Respondent denied that Petitioner sustained a SIRVA injury or that the vaccine caused or aggravated her condition. Despite the denial, the parties filed a joint stipulation on October 27, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Beth A. Ross was awarded a lump sum of $20,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. This decision was entered on December 1, 2022. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01276-0 Date issued/filed: 2022-12-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/31/2022) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01276-UNJ Document 43 Filed 12/01/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1276V UNPUBLISHED BETH A. ROSS, Chief Special Master Corcoran Petitioner, Filed: October 31, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Harrison Whitten Long, Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 28, 2020, Beth A. Ross 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”) following an influenza (“flu”) vaccine administered on September 30, 2019. Petition at 1; Stipulation, filed at October 27, 2022, ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered within the United States, that she suffered the residual effects of her condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf. Petition at 1, 4; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA injury; denies that the vaccine caused or significantly aggravated Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s 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-01276-UNJ Document 43 Filed 12/01/22 Page 2 of 7 Nevertheless, on October 27, 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 $20,000.00 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-01276-UNJ Document 43 Filed 12/01/22 Page 3 of 7 Case 1:20-vv-01276-UNJ Document 43 Filed 12/01/22 Page 4 of 7 Case 1:20-vv-01276-UNJ Document 43 Filed 12/01/22 Page 5 of 7 Case 1:20-vv-01276-UNJ Document 43 Filed 12/01/22 Page 6 of 7 Case 1:20-vv-01276-UNJ Document 43 Filed 12/01/22 Page 7 of 7