VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01561 Package ID: USCOURTS-cofc-1_20-vv-01561 Petitioner: Carolyn Parker Filed: 2020-11-10 Decided: 2022-10-18 Vaccine: influenza Vaccination date: 2019-09-28 Condition: right shoulder tendinopathy/shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20500 AI-assisted case summary: Carolyn Parker filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a right shoulder tendinopathy, also known as SIRVA, as a result of an influenza vaccine she received on September 28, 2019. She stated that the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that she had not received any prior award or settlement for this condition. Respondent denied that Ms. Parker sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Parker was awarded a lump sum of $20,500.00, representing compensation for all items of damages available under Section 15(a). The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01561-0 Date issued/filed: 2022-10-18 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/13/2022) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01561-UNJ Document 31 Filed 10/18/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1561V UNPUBLISHED CAROLYN PARKER, Chief Special Master Corcoran Petitioner, Filed: September 13, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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); Tendinopathy Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 10, 2020, Carolyn Parker 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 right shoulder tendinopathy/shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on September 28, 2019. Petition at 1; Stipulation, filed September 13, 2022, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she experienced residual effects of this injury 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 condition. Petition at ¶¶ 1, 6-8; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner’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-01561-UNJ Document 31 Filed 10/18/22 Page 2 of 7 Nevertheless, on September 13, 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 $20,500.00 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-01561-UNJ Document 31 Filed 10/18/22 Page 3 of 7 Case 1:20-vv-01561-UNJ Document 31 Filed 10/18/22 Page 4 of 7 Case 1:20-vv-01561-UNJ Document 31 Filed 10/18/22 Page 5 of 7 Case 1:20-vv-01561-UNJ Document 31 Filed 10/18/22 Page 6 of 7 Case 1:20-vv-01561-UNJ Document 31 Filed 10/18/22 Page 7 of 7