VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00018 Package ID: USCOURTS-cofc-1_21-vv-00018 Petitioner: Cristina Houy Filed: 2020-12-31 Decided: 2022-12-14 Vaccine: influenza Vaccination date: 2018-11-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Cristina Houy filed a petition for compensation on December 31, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 5, 2018. Ms. Houy stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had not received a prior award or settlement for this injury. The respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her left shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 8, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Houy was awarded a lump sum of $40,000.00 as compensation for all items of damages, payable to Petitioner. The decision was issued on December 14, 2022. Petitioner was represented by Bruce William Slane of the Law Office of Bruce W. Slane, P.C., and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Cristina Houy alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 5, 2018. Respondent denied a SIRVA Table injury or that the vaccine caused Petitioner's left shoulder injury. The parties filed a joint stipulation on November 8, 2022, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Petitioner was awarded a lump sum of $40,000.00 for all items of damages. The theory of causation is based on the "Table" category of injuries under the National Vaccine Injury Compensation Program. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum. The decision date was December 14, 2022. Petitioner's counsel was Bruce William Slane, and Respondent's counsel was Alexa Roggenkamp. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00018-0 Date issued/filed: 2022-12-14 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/09/2022) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-18V UNPUBLISHED CRISTINA HOUY, Chief Special Master Corcoran Petitioner, Filed: November 9, 2022 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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 31, 2020, Cristina Houy 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 shoulder injury related to vaccine administration (“SIRVA”) caused by an influenza (“flu”) vaccine administered on November 5, 2018. Petition at 1; Stipulation, filed at November 8, 2022, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury or condition. Petition at 7; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged left shoulder injury or any other injury, and denies that her 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 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 2 of 7 Nevertheless, on November 8, 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 $40,000.00 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 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 3 of 7 Case 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 4 of 7 Case 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 5 of 7 Case 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 6 of 7 Case 1:21-vv-00018-UNJ Document 45 Filed 12/14/22 Page 7 of 7