VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01847 Package ID: USCOURTS-cofc-1_20-vv-01847 Petitioner: Shawn Ramey Filed: 2023-02-13 Decided: 2023-03-17 Vaccine: influenza Vaccination date: 2019-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 71250 AI-assisted case summary: Shawn Ramey filed a petition on February 13, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 21, 2019. The respondent denied that the petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the vaccine, and denied any other injury. Despite these denials, the parties filed a joint stipulation on February 13, 2023, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Shawn Ramey a lump sum of $71,250.00 for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner counsel was Laura Levenberg of Muller Brazil, LLP, and respondent counsel was Benjamin Patrick Warder of the U.S. Department of Justice. Theory of causation field: Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 21, 2019. Respondent denied a SIRVA Table Injury, denied the injury was caused-in-fact by the vaccine, and denied any other injury. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $71,250.00. The theory of causation was based on the "Table" for SIRVA. The public decision does not name experts or describe the specific mechanism of injury. Petitioner counsel was Laura Levenberg, and respondent counsel was Benjamin Patrick Warder. The decision date was March 17, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01847-0 Date issued/filed: 2023-03-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/13/2023) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01847-UNJ Document 41 Filed 03/17/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1847V UNPUBLISHED SHAWN RAMEY, Chief Special Master Corcoran Petitioner, Filed: February 13, 2023 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. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 14, 2020, Shawn Ramey 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 alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, after receiving an influenza (“flu”) vaccine administered on October 21, 2019. Petition at ¶¶ 1, 11; Stipulation, filed at Feb. 13, 2023, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for his injury. Petition at ¶¶ 7-9; Stipulation at ¶¶ 3-5. “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-01847-UNJ Document 41 Filed 03/17/23 Page 2 of 7 Nevertheless, on February 13, 2023, 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 $71,250.00 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-01847-UNJ Document 41 Filed 03/17/23 Page 3 of 7 Case 1:20-vv-01847-UNJ Document 41 Filed 03/17/23 Page 4 of 7 Case 1:20-vv-01847-UNJ Document 41 Filed 03/17/23 Page 5 of 7 Case 1:20-vv-01847-UNJ Document 41 Filed 03/17/23 Page 6 of 7 Case 1:20-vv-01847-UNJ Document 41 Filed 03/17/23 Page 7 of 7