VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00142 Package ID: USCOURTS-cofc-1_21-vv-00142 Petitioner: Emma Jones Filed: 2021-01-06 Decided: 2023-08-28 Vaccine: influenza Vaccination date: 2019-10-04 Condition: bilateral shoulder injuries related to vaccine administration (SIRVAs) Outcome: compensated Award amount USD: 51000 AI-assisted case summary: Emma Jones filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered bilateral shoulder injuries related to vaccine administration (SIRVAs) after receiving the Prevnar 13 and influenza vaccines on October 4, 2019. She stated that she received the vaccines in the United States, suffered residual effects for more than six months, and had not received prior compensation for these injuries. Respondent denied that Petitioner sustained SIRVA Table injuries, denied that the vaccines caused her alleged shoulder injuries, and denied that her current condition was a sequela of vaccine-related injuries. Despite the denial, the parties filed a joint stipulation for compensation. The court found the stipulation reasonable and adopted it as its decision awarding damages. Emma Jones was awarded a lump sum of $51,000.00, representing compensation for all items of damages available under Section 15(a). Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00142-0 Date issued/filed: 2023-08-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/27/2023) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00142-UNJ Document 38 Filed 08/28/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0142V EMMA JONES, Chief Special Master Corcoran Petitioner, Filed: July 27, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2021, Emma Jones 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 filed an amended petition providing additional detail and citations on December 17, 2021. ECF No. 19. Petitioner alleges that she suffered bilateral shoulder injuries related to vaccine administration (“SIRVAs”), defined Table injuries, after receiving the Prevnar 13 and influenza vaccines on October 4, 2019. Amended Petition at 1, ¶¶ 1, 13; Stipulation, filed July 27, 2023, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccines within the United States, that she suffered the residual effects of her injuries for more than six months, and that neither she nor any other individual has filed received compensation for her alleged vaccine-related injuries. Amended Petition at 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-00142-UNJ Document 38 Filed 08/28/23 Page 2 of 8 ¶¶ 1, 9-11; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained SIRVA Table injuries; denies that the vaccines caused [P]etitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is sequelae of a vaccine-related injuries.” Stipulation at ¶ 6. Nevertheless, on July 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 $51,000.00 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-00142-UNJ Document 38 Filed 08/28/23 Page 3 of 8 Case 1:21-vv-00142-UNJ Document 38 Filed 08/28/23 Page 4 of 8 Case 1:21-vv-00142-UNJ Document 38 Filed 08/28/23 Page 5 of 8 Case 1:21-vv-00142-UNJ Document 38 Filed 08/28/23 Page 6 of 8 Case 1:21-vv-00142-UNJ Document 38 Filed 08/28/23 Page 7 of 8 Case 1:21-vv-00142-UNJ Document 38 Filed 08/28/23 Page 8 of 8