VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01677 Package ID: USCOURTS-cofc-1_20-vv-01677 Petitioner: Janet Sincebaugh Filed: 2020-09-20 Decided: 2022-10-24 Vaccine: influenza Vaccination date: 2018-10-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Janet Sincebaugh filed a petition for compensation on September 20, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 30, 2018. She claimed the injury was a defined Table injury and that she continued to suffer residual effects. Respondent denied that the flu vaccine caused her injury or that she sustained a SIRVA Table injury. Despite the denial, the parties filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Janet Sincebaugh $35,000.00 as compensation for all items of damages, to be paid as a lump sum via check. The decision was issued on October 24, 2022. Petitioner counsel was Emily Beth Ashe of Anapol Weiss, and respondent counsel was Jamica Marie Littles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. The specific mechanism of injury is not detailed in the public decision, other than it being a SIRVA Table injury. Theory of causation field: Petitioner Janet Sincebaugh alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 30, 2018, claiming it was a defined Table injury. Respondent denied causation and that a SIRVA Table injury was sustained. The parties filed a joint stipulation for damages, which Chief Special Master Brian H. Corcoran adopted as his decision. The stipulation resulted in an award of $35,000.00 as compensation for all items of damages. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties agreeing to the award. The decision date was October 24, 2022. Attorneys were Emily Beth Ashe for Petitioner and Jamica Marie Littles for Respondent. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01677-0 Date issued/filed: 2022-10-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/20/2022) regarding 38 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01677-UNJ Document 41 Filed 10/24/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1677V UNPUBLISHED JANET SINCEBAUGH, Chief Special Master Corcoran Petitioner, Filed: September 20, 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) Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 24, 2020, Janet Sincebaugh 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 (“flu”) vaccine on October 30, 2018. Petition at ¶¶ 3, 23; Stipulation, filed at Sept. 20, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she continues to suffer the residual effects of her injury more than six months post- vaccination, and that neither she nor any other party has filed a civil action or received compensation for her injury. Petition at ¶¶ 3, 23-24; Stipulation at ¶¶ 3-5. Respondent denies that the flu vaccine caused [P]etitioner to suffer a left shoulder injury or any other injury or her current condition, and [R]espondent denies that [P]etitioner sustained a SIRVA Table 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-01677-UNJ Document 41 Filed 10/24/22 Page 2 of 7 Nevertheless, on September 20, 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 $35,000.00 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-01677-UNJ Document 41 Filed 10/24/22 Page 3 of 7 Case 1:20-vv-01677-UNJ Document 41 Filed 10/24/22 Page 4 of 7 Case 1:20-vv-01677-UNJ Document 41 Filed 10/24/22 Page 5 of 7 Case 1:20-vv-01677-UNJ Document 41 Filed 10/24/22 Page 6 of 7 Case 1:20-vv-01677-UNJ Document 41 Filed 10/24/22 Page 7 of 7