VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01605 Package ID: USCOURTS-cofc-1_20-vv-01605 Petitioner: Sherran Lynn Wasserman Filed: 2020-11-17 Decided: 2022-06-16 Vaccine: influenza Vaccination date: 2017-11-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Sherran Lynn Wasserman filed a petition for compensation under the National Vaccine Injury Compensation Program on November 17, 2020. She alleged that after receiving an influenza vaccine on November 17, 2017, she suffered a shoulder injury related to vaccine administration (SIRVA). Ms. Wasserman claimed that SIRVA is a defined Table injury, that she received the vaccine in the United States, and that she experienced residual effects from the injury for more than six months. She also stated that neither she nor any other party had filed a civil suit or received compensation for her alleged SIRVA injury. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, on April 26, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Ms. Wasserman was awarded a lump sum of $25,000.00, payable by check to Petitioner. This amount was stipulated to represent compensation for all items of damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice. The decision was issued on June 16, 2022. Theory of causation field: Petitioner Sherran Lynn Wasserman alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 17, 2017. SIRVA is a Table injury. The respondent denied the alleged injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. Petitioner was awarded $25,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by John Robert Howie, and Respondent by Mary Eileen Holmes. The decision date was June 16, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01605-0 Date issued/filed: 2022-06-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/03/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01605-UNJ Document 39 Filed 06/16/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1605V UNPUBLISHED SHERRAN LYNN WASSERMAN, Chief Special Master Corcoran Petitioner, Filed: May 3, 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) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Mary Eileen Holmes, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 17, 2020, Sherran Lynn Wasserman 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”), a defined Table injury, after receiving the influenza vaccine on November 17, 2017. Petition at 1, ¶¶ 1, 13; Stipulation, filed at Apr. 26, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she nor any other party has filed a civil case or received compensation for her SIRVA injury. Petition at ¶¶ 1, 11-12; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’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-01605-UNJ Document 39 Filed 06/16/22 Page 2 of 7 Nevertheless, on April 26, 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 $25,000.00 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-01605-UNJ Document 39 Filed 06/16/22 Page 3 of 7 Case 1:20-vv-01605-UNJ Document 39 Filed 06/16/22 Page 4 of 7 Case 1:20-vv-01605-UNJ Document 39 Filed 06/16/22 Page 5 of 7 Case 1:20-vv-01605-UNJ Document 39 Filed 06/16/22 Page 6 of 7 Case 1:20-vv-01605-UNJ Document 39 Filed 06/16/22 Page 7 of 7