VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01781 Package ID: USCOURTS-cofc-1_20-vv-01781 Petitioner: Lucinda Long Filed: 2020-08-26 Decided: 2022-09-27 Vaccine: influenza Vaccination date: 2019-09-30 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 47000 AI-assisted case summary: Lucinda Long filed a petition for compensation under the National Vaccine Injury Compensation Program on August 26, 2020, alleging that she suffered a Table injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on September 30, 2019. She stated the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had not received a prior award or settlement for this injury. Respondent denied that Petitioner suffered the onset of SIRVA within the Table timeframe, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denials, the parties filed a joint stipulation on August 25, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Long was awarded a lump sum of $47,000.00, 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-01781-0 Date issued/filed: 2022-09-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/26/2022) regarding 33 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01781-UNJ Document 38 Filed 09/27/22 Page 1 of 7 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1781V UNPUBLISHED LUCINDA LONG, Chief Special Master Corcoran Petitioner, Filed: August 26, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 7, 2020, Lucinda Long 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 September 30, 2019. Petition at 1; Stipulation, filed August 25, 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 ¶¶ 1, 7-9. Respondent denies that [P]etitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused [P]etitioner’s alleged shoulder injury or any other injury, and further 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-01781-UNJ Document 38 Filed 09/27/22 Page 2 of 7 denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 25, 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 $47,000.00 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-01781-UNJ Document 38 Filed 09/27/22 Page 3 of 7 Case 1:20-vv-01781-UNJ Document 38 Filed 09/27/22 Page 4 of 7 Case 1:20-vv-01781-UNJ Document 38 Filed 09/27/22 Page 5 of 7 Case 1:20-vv-01781-UNJ Document 38 Filed 09/27/22 Page 6 of 7 Case 1:20-vv-01781-UNJ Document 38 Filed 09/27/22 Page 7 of 7