VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01778 Package ID: USCOURTS-cofc-1_20-vv-01778 Petitioner: Nancy Bernhardt Filed: 2020-09-07 Decided: 2023-01-17 Vaccine: influenza Vaccination date: 2019-10-05 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Nancy Bernhardt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Table Injury – Shoulder Injury Related to Vaccine Administration (SIRVA) – as a result of her October 5, 2019 influenza vaccination. She stated 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 for her injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused or aggravated her alleged SIRVA or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 9, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Nancy Bernhardt was awarded a lump sum of $25,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01778-0 Date issued/filed: 2023-01-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/09/2022) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01778-UNJ Document 35 Filed 01/17/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1778V UNPUBLISHED NANCY BERNHARDT, Chief Special Master Corcoran Petitioner, Filed: December 9, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 7, 2020, Nancy Bernhardt 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 October 5, 2019 influneza (“flu”) vaccination. Petition at 1; Stipulation, filed at December 9, 2022, ¶¶ 1, 2-3. 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; Petition at ¶¶ 4-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused or significantly aggravated [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequelae of a vaccine-related injury.” 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-01778-UNJ Document 35 Filed 01/17/23 Page 2 of 7 Nevertheless, on December 9, 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 $25,000.00 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-01778-UNJ Document 35 Filed 01/17/23 Page 3 of 7 Case 1:20-vv-01778-UNJ Document 35 Filed 01/17/23 Page 4 of 7 Case 1:20-vv-01778-UNJ Document 35 Filed 01/17/23 Page 5 of 7 Case 1:20-vv-01778-UNJ Document 35 Filed 01/17/23 Page 6 of 7 Case 1:20-vv-01778-UNJ Document 35 Filed 01/17/23 Page 7 of 7