VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00276 Package ID: USCOURTS-cofc-1_21-vv-00276 Petitioner: Alexander Terry Filed: 2021-01-01 Decided: 2025-01-24 Vaccine: influenza Vaccination date: 2019-09-30 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 77879 AI-assisted case summary: Alexander Terry filed a petition on January 1, 2021, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 30, 2019. The respondent denied that Mr. Terry sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties reached a stipulation recommending an award of compensation. The Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The parties agreed that Mr. Terry would receive a lump sum of $77,879.74, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Judgment was to be entered in accordance with the stipulation. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Theory of causation field: Petitioner Alexander Terry alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 30, 2019. The respondent denied the alleged injury and causation. The parties stipulated to an award of $77,879.74. Special Master Nora Beth Dorsey adopted the stipulation. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The case was resolved via stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00276-0 Date issued/filed: 2025-01-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/30/2024) regarding 53 DECISION Stipulation. Signed by Special Master Nora Beth Dorsey. (mjf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: December 30, 2024 * * * * * * * * * * * * * * * * * * * ALEXANDER TERRY, * UNPUBLISHED * Petitioner, * No. 21-276V * v. * Special Master Dorsey * SECRETARY OF HEALTH * Decision Based on Stipulation; Influenza AND HUMAN SERVICES, * (“Flu”) Vaccine; Shoulder Injury Related to * Vaccine Administration (“SIRVA”). Respondent. * * * * * * * * * * * * * * * * * * * * * Leah VaSahnja Durant, L aw Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION BASED ON STIPULATION1 On January 1, 2021, Alexander Terry (“Petitioner”) filed a petition in the National Vaccine Injury Program2 alleging that he suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on September 30, 2019. Petition at Preamble (ECF No. 1). On December 30, 2024, the parties filed a stipulation recommending an award of compensation to Petitioner. Stipulation (ECF No. 52). Respondent denies that Petitioner 1 Because this Decision contains a reasoned explanation for the action in this case, the undersigned is required to post it 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, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-10 to -34 (2018) (“Vaccine Act” or “the Act”). All citations in this Decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 1 Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 2 of 7 sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine- related injury. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. The parties stipulate that Petitioner shall receive the following compensation: (1) A lump sum of $77,879.74 in the form of a check payable to Petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). Stipulation at ¶ 8. The undersigned approves the requested amount for Petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.3 IT IS SO ORDERED. s/Nora B. Dorsey Nora B. Dorsey Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 3 of 7 Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 4 of 7 Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 5 of 7 Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 6 of 7 Case 1:21-vv-00276-UNJ Document 54 Filed 01/24/25 Page 7 of 7