VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00264 Package ID: USCOURTS-cofc-1_21-vv-00264 Petitioner: Christina Terrell Filed: 2021-01-07 Decided: 2023-09-26 Vaccine: influenza Vaccination date: 2019-10-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22000 AI-assisted case summary: Christina Terrell filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 10, 2019. She stated the vaccine was administered in the United States, her symptoms persisted for more than six months, and she had not filed other actions or received prior compensation for this injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 4, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Christina Terrell was awarded a lump sum of $22,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00264-0 Date issued/filed: 2023-09-26 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/04/2023) regarding 31 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00264-UNJ Document 35 Filed 09/26/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-264V CHRISTINA TERRELL, Chief Special Master Corcoran Petitioner, Filed: August 4, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 7, 2021, Christina Terrell 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) resulting from an influenza (flu) vaccination received on October 10, 2019. Petition at 1; Stipulation, filed at August 4, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, her symptoms persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for her vaccine- related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged injury, or any other injury; and denies that her current condition is a sequelae of a vaccine- related injury.” Stipulation at ¶ 6. 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:21-vv-00264-UNJ Document 35 Filed 09/26/23 Page 2 of 7 Nevertheless, on August 4, 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 $22,000.00 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-00264-UNJ Document 35 Filed 09/26/23 Page 3 of 7 Case 1:21-vv-00264-UNJ Document 35 Filed 09/26/23 Page 4 of 7 Case 1:21-vv-00264-UNJ Document 35 Filed 09/26/23 Page 5 of 7 Case 1:21-vv-00264-UNJ Document 35 Filed 09/26/23 Page 6 of 7 Case 1:21-vv-00264-UNJ Document 35 Filed 09/26/23 Page 7 of 7