VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01644 Package ID: USCOURTS-cofc-1_20-vv-01644 Petitioner: Cindy Stuart Filed: 2023-11-23 Decided: 2024-01-04 Vaccine: influenza Vaccination date: 2020-01-06 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 65000 AI-assisted case summary: Petitioner Cindy Stuart filed a petition for vaccine compensation on November 23, 2020, alleging she developed a left shoulder injury related to vaccine administration, known as SIRVA, following an influenza vaccination received on January 6, 2020. The vaccination occurred within the United States, and Ms. Stuart alleged that her injuries and their residual effects lasted for more than six months. Respondent denied that Ms. Stuart sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury or any other condition. Despite these opposing positions, the parties filed a joint stipulation on November 28, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms. Stuart was awarded $65,000.00 as a lump sum, payable by check, as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and damages. The stipulation also noted that attorneys' fees and costs would be sought in subsequent proceedings. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Tyler King of the U.S. Department of Justice. The decision was signed by Chief Special Master Brian H. Corcoran. Theory of causation field: Petitioner Cindy Stuart alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on January 6, 2020. The injury allegedly lasted more than six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation to settle the case. The stipulation stated that the parties maintained their positions but agreed to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $65,000.00 as a lump sum. This award represents a compromise of liability and damages. Attorneys' fees and costs were to be sought in subsequent proceedings. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Tyler King. The decision was issued on January 4, 2024. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01644-0 Date issued/filed: 2024-01-04 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/04/2023) regarding 42 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. (Main Document 46 replaced on 1/4/2024 to correct the pdf.) (fm). -------------------------------------------------------------------------------- Case 1:20-vv-01644-UNJ Document 46 Filed 01/04/24 Page 1 of 8 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1644V CINDY STUART, Chief Special Master Corcoran Petitioner, Filed: December 4, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 23, 2020, Cindy Stuart 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 developed a left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccination received on January 6, 2020. Petition at 1; Stipulation, filed at November 28, 2023 at ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, her left shoulder injuries and sequelae lasted more than six months, and neither she, nor any other party, has ever filed any action or received any compensation in the form of an award or settlement for her vaccine-related injuries. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged injury, and further denies that the flu vaccine caused [P]etitioner to suffer from any other injury or her current condition.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:20-vv-01644-UNJ Document 46 Filed 01/04/24 Page 2 of 8 Nevertheless, on November 28, 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 $65,000.00 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-01644-UNJ Document 46 Filed 01/04/24 Page 3 of 8 Vinesign Document ID: 3EEF9ED8-D364-4458-9CDA-F30746AE5916 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CJNDY STUART, No. 20-1644V Petitioner, Chief Special Master Corcoran ECF v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Cindy Stuart, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto -34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza vaccine, which is contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § I00.3(a). 2. Petitioner received the influenza vaccine on January 6, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. S. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. The signed document can be validated at https://app.vinesign.comNerify Case 1:20-vv-01644-UNJ Document 46 Filed 01/04/24 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury, and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation. and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $65,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U .S.C. § 300aa-2 l(a)(l ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incuJTed in proceeding upon this petition. I 0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or servict!s for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:20-vv-01644-UNJ Document 46 Filed 01/04/24 Page 5 of 8 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation costs, and past unreimbursed expenses, the money providel7•>taQXMk•AAv2pdyX'4l7•>taQXMk•AAv2pdyX'4