VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01947 Package ID: USCOURTS-cofc-1_20-vv-01947 Petitioner: Cynthia V. Acheampong Filed: 2020-12-22 Decided: 2023-01-06 Vaccine: influenza Vaccination date: 2020-02-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 92500 AI-assisted case summary: On December 22, 2020, Cynthia V. Acheampong filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner received an influenza vaccine on February 3, 2020. Petitioner alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injury. She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that Petitioner suffered a SIRVA Table injury, denied that the vaccine caused Petitioner's shoulder injury or other injury, and denied that her current condition was a sequela of a vaccine-related injury. On December 5, 2022, the parties filed a joint stipulation for damages. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable. As compensation, Chief Special Master Corcoran awarded Cynthia V. Acheampong a lump sum of $92,500.00, payable by check to Petitioner, representing all items of damages. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Lauren Kells of the U.S. Department of Justice. The decision was issued on January 6, 2023. Theory of causation field: Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on February 3, 2020, alleging it was a Table injury or vaccine-caused, with residual effects lasting over six months. Respondent denied the SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation for damages on December 5, 2022. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Petitioner $92,500.00 as compensation for all items of damages. Petitioner counsel was Glen Howard Sturtevant, Jr. (Rawls Law Group), and Respondent counsel was Lauren Kells (U.S. Department of Justice). The decision was issued on January 6, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01947-0 Date issued/filed: 2023-01-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/06/2022) regarding 39 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01947-UNJ Document 47 Filed 01/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1947V UNPUBLISHED CYNTHIA V. ACHEAMPONG, Chief Special Master Corcoran Petitioner, v. Filed: December 6, 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). Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for Petitioner. Lauren Kells, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 22, 2020, Cynthia Acheampong 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 February 3, 2020. Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. She further alleges that she experienced the residual effects of this alleged injury for more than six months. 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-01947-UNJ Document 47 Filed 01/06/23 Page 2 of 7 Respondent denies that Petitioner suffered a SIRVA Table injury; denies that the vaccine caused Petitioner’s shoulder injury, or other injury; and denies that her current condition is a sequela of a vaccine-related injury. Nevertheless, on December 5, 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 $92,500.00 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-01947-UNJ Document 47 Filed 01/06/23 Page 3 of 7 Case 1:20-vv-01947-UNJ Document 47 Filed 01/06/23 Page 4 of 7 Case 1:20-vv-01947-UNJ Document 47 Filed 01/06/23 Page 5 of 7 Case 1:20-vv-01947-UNJ Document 47 Filed 01/06/23 Page 6 of 7 Case 1:20-vv-01947-UNJ Document 47 Filed 01/06/23 Page 7 of 7