VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01494
Package ID: USCOURTS-cofc-1_20-vv-01494
Petitioner: Nina Cupples
Filed: 2020-10-29
Decided: 2023-05-08
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2017-11-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 41000

AI-assisted case summary:
Nina Cupples filed a petition for compensation under the National Vaccine Injury Compensation Program on October 29, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine (Prevnar 13) on November 6, 2017. She alleged that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this injury. Respondent denied that Ms. Cupples sustained a SIRVA Table injury, denied that the vaccine caused her shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 6, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Cupples was awarded a lump sum of $41,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_20-vv-01494-0
Date issued/filed: 2023-05-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/06/2023) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
--------------------------------------------------------------------------------
Case 1:20-vv-01494-UNJ Document 53 Filed 05/08/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1494V
UNPUBLISHED
NINA CUPPLES, Chief Special Master Corcoran
Petitioner, Filed: April 6, 2023
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 29, 2020, Nina Cupples filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). On April 26, 2021, Petitioner filed an amended petition. Petitioner alleges
that she suffered a shoulder injury related to vaccine administration (“SIRVA”) after
receiving Prevnar 13, a pneumococcal conjugate vaccine, on November 6, 2017.
Amended Petition at 1; Stipulation, filed April 6, 2023, at ¶¶ 2-4. Petitioner further alleges
that the vaccine was administered in the United States, she experienced the residual
effects of her condition for more than six months, and there has been no prior award or
settlement of a civil action for damages on her behalf as a result of her alleged injury.
Amended Petition at ¶¶ 1, 21, 22; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner
sustained a SIRVA Table injury; 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.
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-01494-UNJ Document 53 Filed 05/08/23 Page 2 of 7
Nevertheless, on April 6, 2023, 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 $41,000.00 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-01494-UNJ Document 53 Filed 05/08/23 Page 3 of 7

Case 1:20-vv-01494-UNJ Document 53 Filed 05/08/23 Page 4 of 7

Case 1:20-vv-01494-UNJ Document 53 Filed 05/08/23 Page 5 of 7

Case 1:20-vv-01494-UNJ Document 53 Filed 05/08/23 Page 6 of 7

Case 1:20-vv-01494-UNJ Document 53 Filed 05/08/23 Page 7 of 7