VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00515 Package ID: USCOURTS-cofc-1_21-vv-00515 Petitioner: Stephanie Wanner Filed: 2021-01-11 Decided: 2024-06-06 Vaccine: influenza Vaccination date: 2020-09-24 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 32918 AI-assisted case summary: Stephanie Wanner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on September 24, 2020. She claimed the injury occurred in the United States and that she experienced residual effects for more than six months. Respondent denied that the SIRVA onset was within the Table timeframe, denied that the flu vaccine caused the injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation for settlement. The court adopted the stipulation as its decision, awarding Stephanie Wanner a lump sum of $32,918.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case was settled as a Table claim, and the award covers all damages, with future proceedings to address attorneys' fees and costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00515-0 Date issued/filed: 2024-06-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/07/2024) regarding 56 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00515-UNJ Document 60 Filed 06/06/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0515V STEPHANIE WANNER, Chief Special Master Corcoran Petitioner, Filed: May 7, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 11, 2021, Stephanie Wanner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On September 23, 2022, Petitioner filed an amended petition. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on September 24, 2020. Amended Petition at 1; Stipulation, filed May 6, 2024, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered the residual effects of her injury for more than six months, and no lawsuits have been filed or settlements or awards accepted by anyone, including Petitioner, due to her vaccine-related injury. Amended Petition at ¶¶ 9-11; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused 1Because 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. 2National 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-00515-UNJ Document 60 Filed 06/06/24 Page 2 of 7 petitioner’s alleged shoulder injury or any other injury and further denies that her current disabilities are a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, onMay 6, 2024,the parties filed the attachedjoint 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 $32,918.00 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-00515-UNJ Document 60 Filed 06/06/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS STEPHANIE WANNER, Petitioner, No. 21-515V Chief Special Master Corcoran V. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STTPULA TION The parties hereby stipulate to the following matters: I. Petitioner, Stephanie Wanner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l O to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § I 00.3 (a). 2. Petitioner received a fiu vaccine on or about September 24, 2020. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Adininistration ("S fR VA") as a consequence of the flu immunization she received on or about September 24, 2020, and further alleges that she suffered the residual effects of this injury for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Page I of 5 Case 1:21-vv-00515-UNJ Document 60 Filed 06/06/24 Page 4 of 7 6. Respondent denies that petitioner suffered the onset of her alleged STRVA within the Table timeframe; denies that the flu vaccine caused petitioner's al lcged shoulder injury or any other injury and further denies that her current disabilities are a sequel a of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $32,918.00, in the form of a check payable to petitioner, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U .S.C. § 300aa-2 I (a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 10. Petitioner and her attorney represent that they have identified to respo11dent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U .S.C. § 1396 et seq.)), or entities that provide health services on a prepaid basis. Page 2 of 5 Case 1:21-vv-00515-UNJ Document 60 Filed 06/06/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(i), subject to the availabil ily of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that. except for any award for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant lo this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-I 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and (h). 13. ln return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors, and assigns, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-IO et seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about September 24, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about January 11. 2021 in the United States Court of Federal Claims as petition No. 21-51S V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. Page 3 of 5 Case 1:21-vv-00515-UNJ Document 60 Filed 06/06/24 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or any of her current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION Page 4 of 5 Case 1:21-vv-00515-UNJ Document 60 Filed 06/06/24 Page 7 of 7 Respectfu Il y submitted, PETITIONER: ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: 4 /<.1nJtl. c.f-6/flJA. fl~tk¼...Du:JJ£. --M -16Jd4.M\f..Pe a.J .M-- o RONALD C. HOMER, ESQ. M,.8!,/l(i1.,; HEA TH ERL. PEARLMAN Conway Homer, P.C. Deputy Director 16 Shawmut Street Torts Branch Boston, MA 021 16 Civil Division Tel: (617) 695-1990 U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: George R. Grimes - Digitally signed by George R. kcJL~ (3 c{ '-UV)~ ~ S1 4 G Da rl t m e: e 2 1 0 -S 24 1 . 4 0 4.28 08:40:45 •04'00' k,,y ~ O~/\ L-f (!