VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01558 Package ID: USCOURTS-cofc-1_20-vv-01558 Petitioner: Valerie E. Wuebben Filed: 2020-11-10 Decided: 2023-04-03 Vaccine: influenza Vaccination date: 2017-11-14 Condition: Shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 185000 AI-assisted case summary: Valerie E. Wuebben filed a petition on November 10, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 14, 2017. The case was assigned to the Special Processing Unit. On February 22, 2022, the Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The Respondent agreed that Ms. Wuebben met the criteria set forth in the Vaccine Injury Table for a SIRVA from her flu vaccine and had satisfied the statutory six-month sequela requirement, along with all other legal prerequisites for compensation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran ruled on entitlement, finding Ms. Wuebben eligible for compensation. Subsequently, on April 3, 2023, Petitioner Valerie E. Wuebben and Respondent filed a joint stipulation on damages. The stipulation stated that a decision should be entered awarding compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, Ms. Wuebben was awarded a lump sum of $185,000.00, payable to Petitioner, as compensation for all items of damages. Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Valerie E. Wuebben alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 14, 2017. The Respondent conceded that Petitioner met the criteria for a SIRVA Table injury and satisfied the six-month sequela requirement. The theory of causation was based on the Vaccine Injury Table. No specific medical experts or detailed mechanism of injury were described in the provided public text. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on February 23, 2022, based on the Respondent's concession. A joint stipulation on damages was filed on April 3, 2023, and adopted by Chief Special Master Corcoran, awarding Petitioner a lump sum of $185,000.00. Petitioner's counsel was Richard H. Moeller, and Respondent's counsel was Alexa Roggenkamp. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01558-0 Date issued/filed: 2022-03-30 Pages: 2 Docket text: PUBLIC ORDER/RULING (Originally filed: 02/23/2022) regarding 40 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01558-UNJ Document 45 Filed 03/30/22 Page 1 of 2 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1558V UNPUBLISHED VALERIE E. WUEBBEN, Chief Special Master Corcoran Petitioner, Filed: February 23, 2022 v. Special Processing Unit (SPU); SECRETARY OF HEALTH AND Ruling on Entitlement; Concession; HUMAN SERVICES, Shoulder Injury Related to Vaccine Administration (SIRVA); Influenza Respondent. (Flu). Kaitlin T. Boettcher, Harrison & Dietz-Kilen, P.C., Des Moines, IA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. RULING ON ENTITLEMENT1 On November 10, 2020, Valerie E. Wuebben 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 the influenza (“flu”) vaccine administered on November 14, 2017. Petition at ¶¶ 1. The case was assigned to the Special Processing Unit of the Office of Special Masters. On February 22, 2022, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent states that Petitioner has satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for a SIRVA from 1 Because this unpublished Ruling 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 Ruling 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-01558-UNJ Document 45 Filed 03/30/22 Page 2 of 2 her flu vaccine. Id. at 8. Respondent further agrees that Petitioner has satisfied the statutory six-month sequela requirement, and all legal prerequisites for compensation under the Act. Id. at 8-9. In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2 ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01558-1 Date issued/filed: 2023-05-04 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/03/2023) regarding 59 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01558-UNJ Document 66 Filed 05/04/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1558V UNPUBLISHED VALERIE E. WUEBBEN, Chief Special Master Corcoran Petitioner, Filed: April 3, 2023 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) Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 10, 2020, Valerie E. Wuebben 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine administered to her on November 14, 2017. Petition at 1-2; Stipulation, filed at April 3, 2023, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of this injury for more than six months. Petition at 10; Stipulation at ¶4. Respondent agrees that “Petitioner is entitled to compensation under the terms of the Vaccine Act for her SIRVA Table injury. Therefore, a decision should be entered awarding the compensation . . . ” Stipulation at ¶7. On April 3, 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. 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-01558-UNJ Document 66 Filed 05/04/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $185,000.00, 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-01558-UNJ Document 66 Filed 05/04/23 Page 3 of 7 Case 1:20-vv-01558-UNJ Document 66 Filed 05/04/23 Page 4 of 7 Case 1:20-vv-01558-UNJ Document 66 Filed 05/04/23 Page 5 of 7 Case 1:20-vv-01558-UNJ Document 66 Filed 05/04/23 Page 6 of 7 Case 1:20-vv-01558-UNJ Document 66 Filed 05/04/23 Page 7 of 7