VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01698 Package ID: USCOURTS-cofc-1_20-vv-01698 Petitioner: Carrie Parent Filed: 2023-01-13 Decided: 2023-02-13 Vaccine: influenza Vaccination date: 2018-11-02 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA), a partial thickness rotator cuff tear of the left shoulder, left shoulder adhesive capsulitis. chronic left rotator cuff tendinitis, inflammation of the rotator cuff tendon in the left shoulder, left shoulder bursitis, left shoulder tenosynovitis, left shoulder synovitis, and left shoulder arthroscopy with limited debridement of labrum, subacromial decompression with partial release of CA ligament, and bursectomy. Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Carrie Parent filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 2, 2018. She claimed the injury resulted in a partial thickness rotator cuff tear, adhesive capsulitis, tendinitis, bursitis, and required arthroscopic surgery, with residual effects lasting more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The stipulation stated that the vaccine was administered in the United States, Petitioner suffered residual effects for more than six months, and no prior action or compensation had been received for this injury. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Carrie Parent a lump sum of $95,000.00. This amount represents compensation for all damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01698-0 Date issued/filed: 2023-02-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/13/2023) regarding 35 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01698-UNJ Document 39 Filed 02/13/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1698V UNPUBLISHED CARRIE PARENT, Chief Special Master Corcoran Petitioner, Filed: January 13, 2023 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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 30, 2020, Carrie Parent 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 left shoulder injuries related to vaccine administration (SIRVA) caused by the adverse effects and/or the administration of an influenza (flu) vaccination received on November 2, 2018. Petition at 1; Stipulation, filed at January 13, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, she suffered residual effects or complications from her left shoulder injury for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 13; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vccine caused 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-01698-UNJ Document 39 Filed 02/13/23 Page 2 of 7 [P]etitioner’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. Nevertheless, on January 13, 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 $95,000.00 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-01698-UNJ Document 39 Filed 02/13/23 Page 3 of 7 IN THE UNITED STA TES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CARRIE PARENT, Petitioner, No. 20-I 698V (ECF) V. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVl~ES, Respondent. STJPULA TION The parties hereby stipulate to the following matters: I. Petitioner, Carrie Parent, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza (''flu") vaccine, which is contained in the Vaccine Injury Table (the ·'Table·'), 42 C.F.R. § I 00.3 (a). 2. Petitioner received a flu vaccine in her letl arm on November 2, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she subsequently developed a Shoulder Injury Related to Vaccine Administration (''SIRVA"), a partial thickness rotator cuff tear of the left shoulder, left shoulder adhesive capsulitis. chronic left rotator cuff tendinitis, inflammation of the rotator cuff tendon in the left shoulder, left shoulder bursitis, left shoulder tenosynovitis, left shoulder synovitis, and left shoulder arthroscopy with limited debridement of labrum, subacrom ial Case 1:20-vv-01698-UNJ Document 39 Filed 02/13/23 Page 4 of 7 decompression with partial release of CA ligament, and bursectomy. She further alleges that she has experienced residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. 6. Respondent denies that petitioner sustained a SJRVA Table injury; denies that the flu 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. 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-2 I (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $95,000.00 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 I( a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred 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 services for which the Program is not primarily liable 2 Case 1:20-vv-01698-UNJ Document 39 Filed 02/13/23 Page 5 of 7 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. I I. 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-15(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, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U. S.C. § 300aa-l 5(a) and (d ), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought. could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-l 0 et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from a flu vaccine administered on November 2, 2018. as alleged by petitioner in a petition for vaccine compensation filed on or about November 30, 2020. in the United States Court of Federal Claims as petition No. 20-l 698V. 3 Case 1:20-vv-01698-UNJ Document 39 Filed 02/13/23 Page 6 of 7 14. If petitioner should die prior to entry ofj udgment. this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION I I I I 4 Case 1:20-vv-01698-UNJ Document 39 Filed 02/13/23 Page 7 of 7 Respectfully suhmillcd. ATTORNEY OF RECORD FOR AUTHORIZED RF:PRESENTATIVF. PETITION El(: 01<' THE ATrORNE\' GI<:Nl•:RAL: JL ~~'l~\=?..C. fkpul~• Dif'C\'.tor I RR East Po<;I Rd .• Suite ::ms Ci\·il Divi:_..it1n White Plains. NY 10601 l l.S. Department t)f Justice (914) 269-2010 P.O. Box J -t6 brucc ,i,sl.inc-hm .com Benjamin Franklin Station Washington. DC 21)(>4,I-0 146 AUTHORIZRD RF.PRESl~~TATIVE AI TORNF.Y OF RF.CORD FOR OF TIIE SECIU-:TARV Ol• IIF.ALTH RESPONDENT; AND lltrl\tAN SERVICES: George R. Grimes °'?'lollysqnedbyGt-ot9"R t.Jtrfft("'< .; ,~ -514 Oait, ;rn.o,c.>-01.1;;.. O)W CDR GEORGE REEIHiRIMES. MD. MPII KATIIERINE C. ESPOSITO Dircctllr. Division of lnjur~ Trial Attorney C11mpcnsa1ion Program., Torts Branch I lcalth Systcm'i Bureau Civil DiYi<.ion I lcnlth Resource<; and Services l r.s. Department Ctf .l11s1icc 1\dministrntion P.O. Box 146 li.S. Department of I lcalth Benjamin Franklin Station and Human Services \\iashington. DC :!0044-0146 5600 Fisher.; Lane. OK'.\114<,!J (.:!01) 305-3774 Rockville. MO 20R57 bthi:ri11c.csposi1~1'" 11!--