VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02073 Package ID: USCOURTS-cofc-1_20-vv-02073 Petitioner: Susan Poynton Filed: 2023-04-04 Decided: 2023-05-05 Vaccine: influenza Vaccination date: 2019-10-04 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 53734 AI-assisted case summary: Susan Poynton filed a petition on April 4, 2023, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 4, 2019. She stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no civil action had been filed or other compensation received for the injury. The respondent denied that Ms. Poynton suffered from SIRVA or that the vaccine caused her alleged injury or current condition. The parties subsequently filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Poynton was awarded a lump sum of $53,734.82, payable by check to the Petitioner, as compensation for all items of damages. The decision was issued on May 5, 2023. Petitioner's counsel was Jeffrey S. Pop of Jeffrey S. Pop & Associates. Respondent's counsel was Jennifer A. Shah of the U.S. Department of Justice. Theory of causation field: Petitioner Susan Poynton alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 4, 2019. The respondent denied SIRVA and causation. The case proceeded via joint stipulation for compensation. The public text identifies SIRVA as a "defined Table injury" and also notes an alternative allegation of a "caused-in-fact injury." No specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments were described in the public text. The theory of causation relies on the Vaccine Injury Table for SIRVA. Chief Special Master Brian H. Corcoran issued the decision on May 5, 2023, adopting the parties' stipulation and awarding $53,734.82. Petitioner was represented by Jeffrey S. Pop, and Respondent by Jennifer A. Shah. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02073-0 Date issued/filed: 2023-05-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/04/2023) regarding 32 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. (Main Document 36 replaced on 5/11/2023 to attach corrected PDF) (ypb). -------------------------------------------------------------------------------- Case 1:20-vv-02073-UNJ Document 36 Filed 05/05/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2073V UNPUBLISHED SUSAN POYNTON, Chief Special Master Corcoran Petitioner, Filed: April 4, 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) Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 30, 2020, Susan Poynton 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 left shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or in the alternative, a caused-in-fact injury, after receiving the influenza vaccine on October 4, 2019. Petition at ¶¶ 5, 24; Stipulation, filed at Apr. 4, 2023, at ¶¶ 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 an award for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 5, 25-27; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner suffered from SIRVA; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or 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-02073-UNJ Document 36 Filed 05/05/23 Page 2 of 7 Nevertheless, on April 4, 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 $53,734.82 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-02073-UNJ Document 36 Filed 05/05/23 Page 3 of 7 Case 1:20-vv-02073-UNJ Document 36 Filed 05/05/23 Page 4 of 7 Case 1:20-vv-02073-UNJ Document 36 Filed 05/05/23 Page 5 of 7 Case 1:20-vv-02073-UNJ Document 36 Filed 05/05/23 Page 6 of 7 Case 1:20-vv-02073-UNJ Document 36 Filed 05/05/23 Page 7 of 7