VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01751 Package ID: USCOURTS-cofc-1_20-vv-01751 Petitioner: Margaret Khan Filed: 2020-12-03 Decided: 2022-10-21 Vaccine: influenza Vaccination date: 2019-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 34750 AI-assisted case summary: Margaret Khan filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2020, alleging that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2019. She contended that the injury occurred within the timeframe specified by the Vaccine Injury Table and resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Khan sustained a SIRVA Table injury, denied that the influenza vaccine caused her alleged SIRVA, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation on October 21, 2022. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Ms. Khan was awarded a lump sum of $34,750.00 as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Emily Beth Ashe of Anapol Weiss, and Respondent was represented by Nancy Tinch of the U.S. Department of Justice. Theory of causation field: Petitioner Margaret Khan alleged a Table shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 2, 2019, with residual effects lasting over six months. Respondent denied the SIRVA Table injury, causation by the flu vaccine, and sequelae. The parties filed a joint stipulation on October 21, 2022, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $34,750.00 for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Petitioner's counsel was Emily Beth Ashe, and Respondent's counsel was Nancy Tinch. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01751-0 Date issued/filed: 2022-11-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/21/2022) regarding 39 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01751-UNJ Document 43 Filed 11/22/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1751V UNPUBLISHED MARGARET KHAN, Chief Special Master Corcoran Petitioner, v. Filed: October 21, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA). Emily Beth Ashe, Anapol Weiss, Philadelphia, PA, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 3, 2020, Margaret Khan 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 received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on October 2, 2019. Petitioner alleges that she sustained a Table shoulder injury related to vaccine administration (SIRVA), within the time period set forth in the Table, following administration of the vaccine. Petitioner further alleges that she suffered the residual effects of this alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged SIRVA; and denies that Petitioner’s current condition is a sequelae of a vaccine-related injury. 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-01751-UNJ Document 43 Filed 11/22/22 Page 2 of 7 Nevertheless, on October 21, 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 $34,750.00 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-01751-UNJ Document 43 Filed 11/22/22 Page 3 of 7 Case 1:20-vv-01751-UNJ Document 43 Filed 11/22/22 Page 4 of 7 Case 1:20-vv-01751-UNJ Document 43 Filed 11/22/22 Page 5 of 7 Case 1:20-vv-01751-UNJ Document 43 Filed 11/22/22 Page 6 of 7 Case 1:20-vv-01751-UNJ Document 43 Filed 11/22/22 Page 7 of 7