VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00132 Package ID: USCOURTS-cofc-1_21-vv-00132 Petitioner: Eleanor Arreola Filed: 2021-01-06 Decided: 2023-08-02 Vaccine: influenza Vaccination date: 2019-11-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Eleanor Arreola filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on November 20, 2019. The influenza vaccine is listed on the Vaccine Injury Table, and Ms. Arreola alleged her injury occurred within the Table's time period and resulted in residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Arreola sustained a SIRVA Table injury or that the vaccine caused her alleged injury or any other condition. Despite the respondent's denials, the parties filed a joint stipulation on June 29, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Arreola was awarded a lump sum of $10,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case was resolved via stipulation, and judgment was to be entered accordingly. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00132-0 Date issued/filed: 2023-08-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/29/2023) regarding 32 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00132-UNJ Document 36 Filed 08/02/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0132V ELEANOR ARREOLA, Chief Special Master Corcoran Petitioner, v. Filed: June 29, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Tyler King, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2021, Eleanor Arreola 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 received the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on November 20, 2019. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she experienced the residual effects of this alleged injury for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and further denies that the flu vaccine caused petitioner to suffer from any other injury or her current condition. 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 (2012). Case 1:21-vv-00132-UNJ Document 36 Filed 08/02/23 Page 2 of 7 Nevertheless, on June 29, 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 $10,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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-00132-UNJ Document 36 Filed 08/02/23 Page 3 of 7 Case 1:21-vv-00132-UNJ Document 36 Filed 08/02/23 Page 4 of 7 Case 1:21-vv-00132-UNJ Document 36 Filed 08/02/23 Page 5 of 7 Case 1:21-vv-00132-UNJ Document 36 Filed 08/02/23 Page 6 of 7 Case 1:21-vv-00132-UNJ Document 36 Filed 08/02/23 Page 7 of 7