VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01512 Package ID: USCOURTS-cofc-1_20-vv-01512 Petitioner: Betty Haxton Filed: 2020-11-02 Decided: 2022-10-04 Vaccine: influenza Vaccination date: 2018-09-27 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Betty Haxton filed a petition on November 2, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 27, 2018. Ms. Haxton stated that the vaccination occurred in the United States, that the injury had residual effects for over six months, and that no other lawsuits or settlements were pursued regarding her injury. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. On October 4, 2022, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Betty Haxton $20,000.00 as compensation for all items of damages, to be paid in a lump sum via check. The decision was issued on October 5, 2022. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Matthew Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Betty Haxton alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 27, 2018. Respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $20,000.00. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. The theory of causation is based on a Table injury, as indicated by the stipulation and the raw data field. The award was a lump sum of $20,000.00. The decision date was October 5, 2022. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Matthew Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01512-0 Date issued/filed: 2022-11-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/5/2022) regarding 34 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01512-UNJ Document 38 Filed 11/07/22 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1512V UNPUBLISHED BETTY HAXTON, Chief Special Master Corcoran Petitioner, Filed: October 5, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 2, 2020, Betty Haxton 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 receiving the influenza (flu) vaccine on September 27, 2018. Amended Petition at 1; Stipulation, filed at October 4, 2022, ¶¶ 1-2. Petitioner further alleges the vaccination was administered within the United States, she suffered the residual effects of her injury for more than six months, and no lawsuits have been filed or settlements or awards accepted by anyone, including Petitioner, due to her vaccine- related injury. Amended Petition at 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner's alleged shoulder injury or any other injury; and denies that her 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-01512-UNJ Document 38 Filed 11/07/22 Page 2 of 7 Nevertheless, on October 4, 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-01512-UNJ Document 38 Filed 11/07/22 Page 3 of 7 Case 1:20-vv-01512-UNJ Document 38 Filed 11/07/22 Page 4 of 7 Case 1:20-vv-01512-UNJ Document 38 Filed 11/07/22 Page 5 of 7 Case 1:20-vv-01512-UNJ Document 38 Filed 11/07/22 Page 6 of 7 Case 1:20-vv-01512-UNJ Document 38 Filed 11/07/22 Page 7 of 7