VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01694 Package ID: USCOURTS-cofc-1_20-vv-01694 Petitioner: Jean Cefula Filed: 2020-11-25 Decided: 2022-08-08 Vaccine: influenza Vaccination date: 2018-10-25 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 15000 AI-assisted case summary: On November 25, 2020, Jean Cefula filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2018. Petitioner stated that she received the vaccine in the United States and suffered residual effects of her SIRVA injury for more than six months. Petitioner also stated that neither she nor any other party had filed an additional civil action or received compensation for her SIRVA injury. The respondent denied that Petitioner sustained a SIRVA Table Injury, denied that her alleged shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused her any other injury or her current condition. Despite these denials, on June 28, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. Petitioner Jean Cefula was awarded a lump sum of $15,000.00, payable by check to Petitioner, representing compensation for all items of damages available under Section 15(a). The case proceeded as a Table claim. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice. Theory of causation field: Petitioner Jean Cefula alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2018. The case proceeded as a Table claim. Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that her shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused her any other injury or her current condition. The parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded $15,000.00 as a lump sum. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Kyle Edward Pozza. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01694-0 Date issued/filed: 2022-08-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/30/2022) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01694-UNJ Document 33 Filed 08/08/22 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1694V UNPUBLISHED JEAN CEFALU, Chief Special Master Corcoran Petitioner, Filed: June 30, 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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 25, 2020, Jean Cefula 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”), a defined Table injury, after receiving an influenza (“flu”) vaccine on October 25, 2018. Petition at 1, ¶ 2; Stipulation, filed at June 28, 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 injury for more than six months, and that neither she nor any other party has filed any additional civil action or received compensation for her SIRVA injury. Petition at ¶¶ 2, 9-11; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table Injury; denies that P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused [P]etitioner any other injury or her current condition.” 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-01694-UNJ Document 33 Filed 08/08/22 Page 2 of 7 Nevertheless, on June 28, 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 $15,000.00 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-01694-UNJ Document 33 Filed 08/08/22 Page 3 of 7 Case 1:20-vv-01694-UNJ Document 33 Filed 08/08/22 Page 4 of 7 Case 1:20-vv-01694-UNJ Document 33 Filed 08/08/22 Page 5 of 7 Case 1:20-vv-01694-UNJ Document 33 Filed 08/08/22 Page 6 of 7 Case 1:20-vv-01694-UNJ Document 33 Filed 08/08/22 Page 7 of 7