VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00231 Package ID: USCOURTS-cofc-1_21-vv-00231 Petitioner: Diana Myers Filed: 2021-01-07 Decided: 2023-10-17 Vaccine: influenza Vaccination date: 2018-11-08 Condition: bilateral shoulder injuries Outcome: compensated Award amount USD: 105000 AI-assisted case summary: Diana Myers filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging that she developed bilateral shoulder injuries after receiving influenza and Tdap vaccines on November 8, 2018. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused Ms. Myers's alleged injuries. The public decision does not describe the specific onset of symptoms, clinical details of the injuries, diagnostic tests performed, or treatments received. However, on October 17, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Ms. Myers a lump sum of $105,000.00, payable by check, for all items of damages. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Madelyn Weeks of the U.S. Department of Justice. This decision resolves the case by awarding compensation based on the parties' agreement. Theory of causation field: Petitioner Diana Myers received influenza and Tdap vaccines on November 8, 2018. She alleged that these vaccines caused bilateral shoulder injuries, which are listed on the Vaccine Injury Table. The respondent denied causation. The parties filed a joint stipulation on October 17, 2023, agreeing to compensation. The Special Master adopted the stipulation. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the fact that the vaccines are on the Table. The award was a lump sum of $105,000.00. Chief Special Master Brian H. Corcoran issued the decision. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Madelyn Weeks. The decision date was October 17, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00231-0 Date issued/filed: 2023-11-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/17/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00231-UNJ Document 44 Filed 11/21/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0231V DIANA MYERS, Chief Special Master Corcoran Petitioner, v. Filed: October 17, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 7, 2021, Diana Myers 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 influenza (“flu”) and tetanus-diphtheria-acellular pertussis (“Tdap”) vaccines, which vaccines are contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on November 8, 2018. Petitioner alleges that the flu and Tdap vaccines caused her to develop bilateral shoulder injuries and that she experienced the residual effects of these injuries for more than six months. Respondent denies that the flu and/or Tdap vaccines are the cause of Petitioner’s alleged bilateral shoulder injuries, or 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-00231-UNJ Document 44 Filed 11/21/23 Page 2 of 7 Nevertheless, on October 17, 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 $105,000.00 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-00231-UNJ Document 44 Filed 11/21/23 Page 3 of 7 Case 1:21-vv-00231-UNJ Document 44 Filed 11/21/23 Page 4 of 7 Case 1:21-vv-00231-UNJ Document 44 Filed 11/21/23 Page 5 of 7 Case 1:21-vv-00231-UNJ Document 44 Filed 11/21/23 Page 6 of 7 Case 1:21-vv-00231-UNJ Document 44 Filed 11/21/23 Page 7 of 7