VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01382 Package ID: USCOURTS-cofc-1_20-vv-01382 Petitioner: Jean Bub Filed: 2020-10-13 Decided: 2022-07-12 Vaccine: influenza Vaccination date: 2017-12-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Jean Bub filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020. She alleged that on or about December 6, 2017, she received an influenza vaccine. The vaccine is listed on the Vaccine Injury Table. Petitioner alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Table and suffered residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused Petitioner's alleged injury or any other injury, and denied that Petitioner's current condition is a sequela of a vaccine-related injury. On July 12, 2022, the parties filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and awarded Jean Bub $40,000.00 as compensation for all items of damages. The award was to be paid as a lump sum via check. Petitioner's counsel was John Robert Howie of Howie Law, PC. Respondent's counsel was Parisa Tabassian of the U.S. Department of Justice. The decision was issued on July 12, 2022. Theory of causation field: Petitioner Jean Bub alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on or about December 6, 2017. The injury was alleged to be a Table injury. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Brian H. Corcoran on July 12, 2022. The stipulation resulted in an award of $40,000.00. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. Petitioner was represented by John Robert Howie, and Respondent by Parisa Tabassian. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01382-0 Date issued/filed: 2022-08-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/12/2022) regarding 41 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01382-UNJ Document 48 Filed 08/12/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1382V UNPUBLISHED JEAN BUB, Chief Special Master Corcoran Petitioner, v. Filed: July 12, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu); Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA). John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 13, 2020, Jean Bub 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 on or about December 6, 2017, she received an influenza (“flu”) vaccine, which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 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-01382-UNJ Document 48 Filed 08/12/22 Page 2 of 7 Nevertheless, on July 12, 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 $40,000.00 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-01382-UNJ Document 48 Filed 08/12/22 Page 3 of 7 Case 1:20-vv-01382-UNJ Document 48 Filed 08/12/22 Page 4 of 7 Case 1:20-vv-01382-UNJ Document 48 Filed 08/12/22 Page 5 of 7 Case 1:20-vv-01382-UNJ Document 48 Filed 08/12/22 Page 6 of 7 Case 1:20-vv-01382-UNJ Document 48 Filed 08/12/22 Page 7 of 7