VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00436 Package ID: USCOURTS-cofc-1_21-vv-00436 Petitioner: Paula Renea Peterson-Michael Filed: 2021-01-08 Decided: 2023-08-31 Vaccine: influenza Vaccination date: 2020-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55302 AI-assisted case summary: Paula Renea Peterson-Michael filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 16, 2020. The petition stated that the vaccine was administered in the United States, that her condition had residual effects for more than six months, and that she had not received any prior award or settlement for this injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on August 31, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Paula Renea Peterson-Michael was awarded a lump sum of $55,302.61, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00436-0 Date issued/filed: 2023-10-02 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/31/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00436-UNJ Document 47 Filed 10/02/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-436V PAULA RENEA PETERSON- Chief Special Master Corcoran MICHAEL, Filed: August 31, 2023 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner. Parisa Tabassian, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 8, 2021, Paula Renea Peterson-Michael 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”) following the administration of an influenza (“flu”) vaccine on October 16, 2020. Petition at 1; Stipulation, filed at August 31, 2023, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administrated within the United States, that she experienced the residual effects of her condition for more than six months, and that there has been no prior award or settlement of a civil action for damages arising out of her alleged injury. Petition at 2-3; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner 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. 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:21-vv-00436-UNJ Document 47 Filed 10/02/23 Page 2 of 7 Nevertheless, on August 31, 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 $55,302.61 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-00436-UNJ Document 47 Filed 10/02/23 Page 3 of 7 Case 1:21-vv-00436-UNJ Document 47 Filed 10/02/23 Page 4 of 7 Case 1:21-vv-00436-UNJ Document 47 Filed 10/02/23 Page 5 of 7 Case 1:21-vv-00436-UNJ Document 47 Filed 10/02/23 Page 6 of 7 Case 1:21-vv-00436-UNJ Document 47 Filed 10/02/23 Page 7 of 7