VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01759 Package ID: USCOURTS-cofc-1_20-vv-01759 Petitioner: Rosemary Chaves Filed: 2020-12-04 Decided: 2022-11-30 Vaccine: influenza Vaccination date: 2019-09-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22500 AI-assisted case summary: Rosemary Chaves filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2020. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 14, 2019, and that she experienced residual effects of this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a Table injury for SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on November 30, 2022. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Pursuant to the stipulation, Rosemary Chaves was awarded a lump sum of $22,500.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was filed on November 30, 2022. Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Meghan Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Rosemary Chaves alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 14, 2019, with residual effects lasting over six months. Respondent denied a Table injury, causation, and sequela. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $22,500.00 as compensation for all damages under Section 15(a). The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation is based on the "Table" injury category for SIRVA, as indicated by the "Table" entry in the provided data, and was resolved via stipulation rather than litigation on the merits. The decision date was November 30, 2022, and the petition was filed on December 4, 2020. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Meghan Murphy. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01759-0 Date issued/filed: 2022-12-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/30/2022) regarding 38 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01759-UNJ Document 42 Filed 12/30/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1759V UNPUBLISHED ROSEMARY CHAVES, Chief Special Master Corcoran Petitioner, v. Filed: November 30, 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). Alison H. Haskins, Maglio Christopher & Toale, PA, Sarasota, FL, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 4, 2020, Rosemary Chaves 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 September 14, 2019. Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) from the flu vaccine. She further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a Table injury for SIRVA; denies that the vaccine caused Petitioner’s alleged shoulder injury or any other injury; and denies that Petitioner’s current condition is a sequela 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-01759-UNJ Document 42 Filed 12/30/22 Page 2 of 7 Nevertheless, on November 30, 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 $22,500.00 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-01759-UNJ Document 42 Filed 12/30/22 Page 3 of 7 Case 1:20-vv-01759-UNJ Document 42 Filed 12/30/22 Page 4 of 7 Case 1:20-vv-01759-UNJ Document 42 Filed 12/30/22 Page 5 of 7 Case 1:20-vv-01759-UNJ Document 42 Filed 12/30/22 Page 6 of 7 Case 1:20-vv-01759-UNJ Document 42 Filed 12/30/22 Page 7 of 7