VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00085 Package ID: USCOURTS-cofc-1_21-vv-00085 Petitioner: Vickie Calmese Filed: 2021-01-05 Decided: 2023-05-22 Vaccine: influenza Vaccination date: 2019-10-22 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 44000 AI-assisted case summary: Vickie Calmese 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 22, 2019, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) with symptoms persisting for more than six months. The respondent denied that Ms. Calmese sustained a Table injury for SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, on April 20, 2023, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms. Calmese was awarded a lump sum of $44,000.00, payable by check to the Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Meghan Murphy of the U.S. Department of Justice. Theory of causation field: Petitioner Vickie Calmese received an influenza vaccine on October 22, 2019, and alleged a shoulder injury related to vaccine administration (SIRVA) with symptoms persisting for more than six months. Respondent denied a Table injury for SIRVA, causation, and sequela. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision. Petitioner was awarded $44,000.00. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury. The case was settled via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00085-0 Date issued/filed: 2023-05-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/21/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00085-UNJ Document 39 Filed 05/22/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0085V UNPUBLISHED VICKIE CALMESE, Chief Special Master Corcoran Petitioner, Filed: April 21, 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. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 5, 2021, Vickie Calmese 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”) as a result of an influenza vaccination she received on October 22, 2019. Petition at 1; Stipulation, filed at April 20, 2023, ¶¶2, 4. Petitioner further alleges that her “SIRVA symptoms persisted for more than six months.” Petition at ¶9; Stipulation at ¶4. Respondent denies “that Petitioner sustained a Table injury for SIRVA, denies that the vaccine caused Petitioner’s alleged shoulder injury or any other injury, and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶6. Nevertheless, on April 20, 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. 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-00085-UNJ Document 39 Filed 05/22/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $44,000.00 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-00085-UNJ Document 39 Filed 05/22/23 Page 3 of 7 Case 1:21-vv-00085-UNJ Document 39 Filed 05/22/23 Page 4 of 7 Case 1:21-vv-00085-UNJ Document 39 Filed 05/22/23 Page 5 of 7 Case 1:21-vv-00085-UNJ Document 39 Filed 05/22/23 Page 6 of 7 Case 1:21-vv-00085-UNJ Document 39 Filed 05/22/23 Page 7 of 7