VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00528 Package ID: USCOURTS-cofc-1_21-vv-00528 Petitioner: Karen Chadduck Filed: 2021-01-11 Decided: 2023-08-10 Vaccine: influenza Vaccination date: 2019-10-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 5000 AI-assisted case summary: Karen Chadduck filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on October 21, 2019. The petition stated that her condition had residual effects for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury or significantly aggravated a preexisting injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these denials, on August 10, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Daniel T. Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Karen Chadduck was awarded a lump sum of $5,000.00, payable by check to the petitioner, as compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and respondent was represented by Andrew Henning of the U.S. Department of Justice. Theory of causation field: Petitioner Karen Chadduck alleged a shoulder injury related to vaccine administration (SIRVA) following an October 21, 2019, influenza vaccination. The respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $5,000.00. The public decision does not specify the mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA claim, but indicates the case was resolved via stipulation, implying an agreement on the elements of a Table injury or a compromise on causation. The award was a lump sum of $5,000.00. Special Master Daniel T. Horner issued the decision on August 10, 2023. Petitioner counsel was Glen Howard Sturtevant, Jr., and respondent counsel was Andrew Henning. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00528-0 Date issued/filed: 2023-09-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 8/11/2023) regarding 50 DECISION Stipulation/Proffer. Signed by Special Master Daniel T. Horner. (sh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00528-UNJ Document 56 Filed 09/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-528V Filed: August 11, 2023 KAREN CHADDUCK, Special Master Horner Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Glen Howard Sturtevant, Jr., Rawls Law Group, Richmond, VA, for petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 11, 2021, petitioner 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”) as a result of her October 21, 2019 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed August 10, 2023, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Petition at 7; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury or significantly aggravated a preexisting injury; and denies that her current condition is a sequela of a vaccine-related injury. ” Stipulation at ¶ 6. 1 Because this document 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 document 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-00528-UNJ Document 56 Filed 09/06/23 Page 2 of 7 Nevertheless, on August 10, 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 the decision of the Court in 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 $5,000.00 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 § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Daniel T. Horner Daniel T. Horner 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-00528-UNJ Document 56 Filed 09/06/23 Page 3 of 7 Case 1:21-vv-00528-UNJ Document 56 Filed 09/06/23 Page 4 of 7 Case 1:21-vv-00528-UNJ Document 56 Filed 09/06/23 Page 5 of 7 Case 1:21-vv-00528-UNJ Document 56 Filed 09/06/23 Page 6 of 7 Case 1:21-vv-00528-UNJ Document 56 Filed 09/06/23 Page 7 of 7