VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00050 Package ID: USCOURTS-cofc-1_21-vv-00050 Petitioner: Patricia Howard Filed: 2021-01-05 Decided: 2024-04-23 Vaccine: influenza Vaccination date: 2019-10-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 36000 AI-assisted case summary: Patricia Howard filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021. She alleged that she received an influenza vaccination on October 24, 2019, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), which is a condition listed in the Vaccine Injury Table. Ms. Howard further alleged that the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that she had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that Ms. Howard sustained a SIRVA Table injury, denied that the vaccine caused her alleged SIRVA, and denied that the flu vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation for compensation on March 18, 2024. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Ms. Howard was awarded a lump sum of $36,000.00, payable by check to the Petitioner, as compensation for all eligible damages. The decision was filed on April 23, 2024. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Madelyn Weeks 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 Patricia Howard alleged a Table injury, specifically a shoulder injury related to vaccine administration (SIRVA), following an influenza vaccination on October 24, 2019. The respondent denied the alleged SIRVA Table injury and causation. 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 $36,000.00. The public text does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. The attorneys involved were Ronald Craig Homer for the Petitioner and Madelyn Weeks for the Respondent. The decision date was April 23, 2024, with the petition filed on January 5, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00050-0 Date issued/filed: 2024-04-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/21/2024) regarding 54 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00050-UNJ Document 58 Filed 04/23/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-50V PATRICIA HOWARD, Chief Special Master Corcoran Petitioner, Filed: March 21, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 5, 2021, Patricia Howard 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 Table injury – a shoulder injury related to vaccine administration (“SIRVA”), as a result of her receipt of an influenza (“flu”) vaccination on October 24, 2019. Petition at 1. Petitioner further alleges the vaccine was administered within the United States, that she suffered 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 on her behalf as a result of her injury. See Amended Petition, filed August 9, 2022, at 1, ¶¶ 2, 27-29; Stipulation, filed at March 18, 2024, ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged SIRVA; and denies that that the flu vaccine caused petitioner any other injury or petitioner’s current condition.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:21-vv-00050-UNJ Document 58 Filed 04/23/24 Page 2 of 7 Nevertheless, on March 18, 2024, 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 $36,000.00 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-00050-UNJ Document 58 Filed 04/23/24 Page 3 of 7 Case 1:21-vv-00050-UNJ Document 58 Filed 04/23/24 Page 4 of 7 Case 1:21-vv-00050-UNJ Document 58 Filed 04/23/24 Page 5 of 7 Case 1:21-vv-00050-UNJ Document 58 Filed 04/23/24 Page 6 of 7 Case 1:21-vv-00050-UNJ Document 58 Filed 04/23/24 Page 7 of 7