VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01772 Package ID: USCOURTS-cofc-1_20-vv-01772 Petitioner: Joyce Kasper Filed: 2020-12-07 Decided: 2022-09-12 Vaccine: influenza Vaccination date: 2019-11-04 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Joyce Kasper filed a petition on December 7, 2020, alleging that she suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on November 4, 2019. She claimed the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement. Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation on August 2, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Petitioner was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01772-0 Date issued/filed: 2022-09-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/05/2022) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01772-UNJ Document 43 Filed 09/12/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1772V UNPUBLISHED JOYCE KASPER, Chief Special Master Corcoran Petitioner, Filed: August 5, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 7, 2020, Joyce Kasper 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 Table injury –Shoulder Injury Related to Vaccine Administration (SIRVA) – as a result of her influneza (“flu”) vaccination on November 4, 2019. Petition at 1; Stipulation, filed at August 2, 2022, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 6-8. 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-01772-UNJ Document 43 Filed 09/12/22 Page 2 of 7 Nevertheless, on August 2, 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 $45,000.00 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-01772-UNJ Document 43 Filed 09/12/22 Page 3 of 7 Case 1:20-vv-01772-UNJ Document 43 Filed 09/12/22 Page 4 of 7 Case 1:20-vv-01772-UNJ Document 43 Filed 09/12/22 Page 5 of 7 Case 1:20-vv-01772-UNJ Document 43 Filed 09/12/22 Page 6 of 7 Case 1:20-vv-01772-UNJ Document 43 Filed 09/12/22 Page 7 of 7