VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00067 Package ID: USCOURTS-cofc-1_21-vv-00067 Petitioner: Nadine Campbell Filed: 2021-01-05 Decided: 2023-03-30 Vaccine: influenza Vaccination date: 2019-10-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Nadine Campbell filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 9, 2019. She further alleged that she received the vaccine within the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for her alleged vaccine-caused injury. Respondent denied that Petitioner suffered from SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her condition was a sequelae of a vaccine-related injury. Despite the denials, the parties filed a joint stipulation on February 27, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Nadine Campbell was awarded a lump sum of $35,000.00 as compensation for all items of damages available under Section 15(a). The decision was filed on March 30, 2023. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00067-0 Date issued/filed: 2023-03-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/27/2023) regarding 37 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00067-UNJ Document 41 Filed 03/30/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0067V UNPUBLISHED NADINE CAMPBELL, Chief Special Master Corcoran Petitioner, Filed: February 27, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 5, 2021, Nadine Campbell 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”), a defined Table injury, resulting from the influenza (“flu”) vaccine she received on October 9, 2019. Petition at ¶¶ 1, 3, 9; Stipulation, filed at Feb. 27, 2023, ¶¶ 1-2, 4. On August 24, 2021, Petitioner filed an amended petition alleging the same. Amended Petition at 1, ¶ 1. 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 person has filed a civil action or received compensation for her injury, alleged to be vaccine caused. Amended Petition at ¶¶ 1, 10- 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-00067-UNJ Document 41 Filed 03/30/23 Page 2 of 7 12; 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 sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on February 27, 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 $35,000.00 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-00067-UNJ Document 41 Filed 03/30/23 Page 3 of 7 Case 1:21-vv-00067-UNJ Document 41 Filed 03/30/23 Page 4 of 7 Case 1:21-vv-00067-UNJ Document 41 Filed 03/30/23 Page 5 of 7 Case 1:21-vv-00067-UNJ Document 41 Filed 03/30/23 Page 6 of 7 Case 1:21-vv-00067-UNJ Document 41 Filed 03/30/23 Page 7 of 7