VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02068 Package ID: USCOURTS-cofc-1_20-vv-02068 Petitioner: Pamela Colby Filed: 2020-12-30 Decided: 2022-12-01 Vaccine: influenza Vaccination date: 2019-01-06 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 137426 AI-assisted case summary: Pamela Colby filed a petition for compensation on December 30, 2020, alleging she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 6, 2019. Petitioner claimed the injury was a Table injury and that she experienced residual effects for more than six months. The respondent denied that the flu vaccine caused her injury or that it constituted a SIRVA Table injury. Despite the denial, the parties filed a joint stipulation on December 1, 2022, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision. The decision awarded Pamela Colby a lump sum of $137,426.57, representing compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Pamela Colby received an influenza vaccine on January 6, 2019. She alleged a left shoulder injury related to vaccine administration (SIRVA) that was a Table injury and resulted in residual effects for more than six months. Respondent denied causation and that the injury was a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $137,426.57. The public text indicates the theory of causation was based on the Vaccine Injury Table (SIRVA), but does not detail the specific mechanism, expert testimony, or evidence presented by either party. Attorneys for Petitioner were Jeffrey S. Pop and for Respondent was Terrence Kevin Mangan, Jr. The decision date was December 1, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02068-0 Date issued/filed: 2023-01-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/01/2022) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-02068-UNJ Document 45 Filed 01/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2068V UNPUBLISHED PAMELA COLBY, Chief Special Master Corcoran Petitioner, v. Filed: December 1, 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). Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Terrence Kevin Mangan, Jr., U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2020, Pamela Colby 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 January 6, 2019. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) within the Table time period, and that she experienced the residual effects of this alleged injury for more than six months. Respondent denies that the flu vaccine caused Petitioner to suffer a left shoulder injury or other injury and denies that Petitioner sustained a SIRVA Table injury. 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-02068-UNJ Document 45 Filed 01/06/23 Page 2 of 7 Nevertheless, on December 1, 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 $137,426.57 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-02068-UNJ Document 45 Filed 01/06/23 Page 3 of 7 Case 1:20-vv-02068-UNJ Document 45 Filed 01/06/23 Page 4 of 7 Case 1:20-vv-02068-UNJ Document 45 Filed 01/06/23 Page 5 of 7 Case 1:20-vv-02068-UNJ Document 45 Filed 01/06/23 Page 6 of 7 Case 1:20-vv-02068-UNJ Document 45 Filed 01/06/23 Page 7 of 7