VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02041 Package ID: USCOURTS-cofc-1_20-vv-02041 Petitioner: Judith Hatt Filed: 2023-02-02 Decided: 2023-03-07 Vaccine: influenza Vaccination date: 2018-09-18 Condition: right shoulder injury related to vaccine administration (“SIRVA”) Outcome: compensated Award amount USD: 112500 AI-assisted case summary: Judith Hatt filed a petition on December 30, 2020, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) and a neurological injury caused by an influenza vaccine she received on September 18, 2018. Petitioner stated she received the vaccine in the United States and suffered residual effects of her SIRVA more than six months post-vaccination. She also stated that neither she nor any other person had filed a civil action or received compensation for her SIRVA. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder or neurological injuries, denied that the vaccine caused any other injury, and denied that Petitioner's current condition was a sequela of a vaccine-related injury. Despite these denials, on February 2, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. He awarded Judith Hatt a lump sum of $112,500.00, payable to Petitioner, as compensation for all items of damages. The decision was issued on March 7, 2023. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Judith Hatt alleged a right shoulder injury related to vaccine administration (SIRVA) and a neurological injury caused by an influenza vaccine received on September 18, 2018. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injuries. The parties filed a joint stipulation for compensation on February 2, 2023. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $112,500.00 as compensation for all damages. The decision was issued on March 7, 2023. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02041-0 Date issued/filed: 2023-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/02/2023) regarding 61 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02041-UNJ Document 65 Filed 03/07/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2041V UNPUBLISHED JUDITH HATT, Chief Special Master Corcoran Petitioner, Filed: February 2, 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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2020, Judith Hatt 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 right shoulder injury related to vaccine administration (“SIRVA”) and neurological injury which was caused-in-fact by the influenza (“flu”) vaccine on September 18, 2018. Petition at 1, 42, ¶ 2, 48; Stipulation, filed at Feb. 2, 2023, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA more than six months post-vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 49-51; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury or alleged neurological injury, to include SFN; denies that the vaccine caused any other injury; and denies that [P]etitioner’s current condition is a sequela 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-02041-UNJ Document 65 Filed 03/07/23 Page 2 of 7 Nevertheless, on February 2, 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 $112,500.00 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-02041-UNJ Document 65 Filed 03/07/23 Page 3 of 7 Case 1:20-vv-02041-UNJ Document 65 Filed 03/07/23 Page 4 of 7 Case 1:20-vv-02041-UNJ Document 65 Filed 03/07/23 Page 5 of 7 Case 1:20-vv-02041-UNJ Document 65 Filed 03/07/23 Page 6 of 7 Case 1:20-vv-02041-UNJ Document 65 Filed 03/07/23 Page 7 of 7