VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00203 Package ID: USCOURTS-cofc-1_21-vv-00203 Petitioner: Kendra Sage Filed: 2021-01-07 Decided: 2024-04-08 Vaccine: influenza Vaccination date: 2020-08-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: On January 7, 2021, Kendra Sage filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 13, 2020. Petitioner also claimed that she experienced residual effects from the injury for more than six months. The respondent denied that the flu vaccine caused Petitioner's SIRVA or any other injury. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on March 11, 2024. Chief Special Master Brian H. Corcoran reviewed the file and adopted the stipulation as the decision. The stipulation awarded Kendra Sage a lump sum of $45,000.00, intended to cover all damages available under the Act. The court directed that judgment be entered accordingly. Theory of causation field: Petitioner Kendra Sage alleged a shoulder injury related to vaccine administration (SIRVA) following an August 13, 2020, influenza vaccination, with residual effects lasting over six months. Respondent denied causation. The parties settled via stipulation filed March 11, 2024, agreeing to an award of $45,000.00 for all damages. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision on April 8, 2024. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00203-0 Date issued/filed: 2024-04-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 3/12/2024) regarding 37 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ag) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-203V * * * * * * * * * * * * * * * * * * * * * * * * * * Chief Special Master Corcoran KENDRA SAGE, * * Petitioner, * Filed: March 12, 2024 * v. * * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * * * * * * * * * * * * * * Leah Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Naseem Kourosh, U.S. Dep’t of Justice, Washington, DC, for Respondent. DECISION AWARDING DAMAGES1 On January 7, 2021, Kendra Sage filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“Vaccine Program”).2 Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of her August 13, 2020, receipt of the influenza (“flu”) vaccine. Moreover, Petitioner alleges that she experienced residual effects of this injury for more than six months. 1 Because this decision contains a reasoned explanation for my actions in this case, I will 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 (2012). As provided by 42 U.S.C. § 300aa-12(d)(4)(B), however, the parties may object to the decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, the whole decision will be available to the public. Id. 2 The Vaccine Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3758, codified as amended at 42 U.S.C. §§ 300aa-10 through 34 (2012) (“Vaccine Act” or “the Act”). Individual section references hereafter will be to § 300aa of the Act (but will omit that statutory prefix). Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 2 of 7 Respondent denies that the flu vaccine caused Petitioner to suffer SIRVA or any other injury or condition. Nonetheless both parties, while maintaining their above-stated positions, agreed in a stipulation (filed on March 11, 2024) that the issues before them could be settled, and that a decision should be entered awarding Petitioner compensation. I have reviewed the file, and based upon that review, I conclude that the parties’ stipulation (as attached hereto) is reasonable. I therefore adopt it as my decision in awarding damages on the terms set forth therein. The stipulation awards: • A lump sum of $45,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 8. This amount represents compensation for all damages that would be available under Section 15(a) of the Act. I approve a Vaccine Program award in the requested amount set forth above to be made to Petitioner. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of the Court is directed to enter judgment herewith.3 IT IS SO ORDERED. /s/ Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by each filing (either jointly or separately) a notice renouncing their right to seek review. 2 Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 3 of 7 Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 4 of 7 Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 5 of 7 Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 6 of 7 Case 1:21-vv-00203-UNJ Document 39 Filed 04/08/24 Page 7 of 7