VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00090 Package ID: USCOURTS-cofc-1_21-vv-00090 Petitioner: Julie Hart Filed: 2021-01-05 Decided: 2023-05-16 Vaccine: influenza Vaccination date: Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 41773 AI-assisted case summary: Julie Hart filed a petition on January 5, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine in her left shoulder, and that the injury lasted for more than six months. The respondent denied that the flu vaccine caused her injury or that she sustained a SIRVA Table injury. Despite the respondent's denial, the parties filed a joint stipulation on May 16, 2023, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision. As a result, Julie Hart was awarded a lump sum of $41,773.94, payable by check to Petitioner, as compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice. Theory of causation field: Petitioner Julie Hart filed a petition on January 5, 2021, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine in her left shoulder, with the injury lasting over six months. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation on May 16, 2023, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $41,773.94 as a lump sum for all damages under Section 15(a). The theory of causation was based on the "Table" for SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for Petitioner were John Robert Howie and for Respondent was Jamica Marie Littles. The decision date was May 16, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00090-0 Date issued/filed: 2023-06-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/17/2023) regarding 43 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00090-UNJ Document 48 Filed 06/16/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0090V UNPUBLISHED JULIE HART, Chief Special Master Corcoran Petitioner, Filed: May 17, 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) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 5, 2021, Julie Hart 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 receiving an influenza (“flu”) vaccine in her left shoulder. Petition at 1; Stipulation, filed at May 16, 2023, ¶¶ 1-4. Petitioner further alleges that her injury lasted for more than six months. Petition at 1; Stipulation at ¶¶ 1-4. Respondent denies “that the flu vaccine caused petitioner to suffer a shoulder injury or any other injury or her current condition and denies that petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6. Nevertheless, on May 16, 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, 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 EGovernment 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 (2012). Case 1:21-vv-00090-UNJ Document 48 Filed 06/16/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $41,773.94, 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-00090-UNJ Document 48 Filed 06/16/23 Page 3 of 7 Case 1:21-vv-00090-UNJ Document 48 Filed 06/16/23 Page 4 of 7 Case 1:21-vv-00090-UNJ Document 48 Filed 06/16/23 Page 5 of 7 Case 1:21-vv-00090-UNJ Document 48 Filed 06/16/23 Page 6 of 7 Case 1:21-vv-00090-UNJ Document 48 Filed 06/16/23 Page 7 of 7