VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00606 Package ID: USCOURTS-cofc-1_21-vv-00606 Petitioner: Geraldine L. Riser Filed: 2021-01-12 Decided: 2023-05-02 Vaccine: influenza Vaccination date: 2019-10-25 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: On January 12, 2021, Geraldine L. Riser filed a Vaccine Program petition after receiving an influenza vaccine in her left shoulder on October 25, 2019. She alleged that the shot caused a shoulder injury related to vaccine administration, or SIRVA, and that residual effects lasted more than six months. The public decision was entered on a joint stipulation and contains limited clinical detail. It identifies the vaccine, date, left-shoulder administration, alleged SIRVA, and duration allegation, but it does not describe onset, medical visits, imaging, treatment, or expert review. Respondent denied that Riser sustained a SIRVA Table injury, denied that the alleged shoulder injury was caused in fact by the flu vaccine, and denied that the flu vaccine caused any other injury or her current condition. The parties filed a joint stipulation on April 27, 2023. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it on May 2, 2023. Riser was awarded a lump sum of $40,000.00, payable to her, representing all damages available under section 15(a). She was represented by Richard H. Moeller of Moore, Heffernan, et al. in Sioux City, Iowa. Theory of causation field: Influenza vaccine in left shoulder (October 25, 2019) alleged to cause SIRVA with residual effects for more than six months. COMPENSATED by joint stipulation. Respondent denied Table SIRVA, denied causation-in-fact, and denied any other injury/current condition caused by flu vaccine; public stipulation gives limited clinical facts. Chief Special Master Brian H. Corcoran adopted stipulation on May 2, 2023. Award: $40,000.00 lump sum payable to Geraldine L. Riser for all section 15(a) damages. Attorney: Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00606-0 Date issued/filed: 2023-06-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/02/2023) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00606-UNJ Document 47 Filed 06/01/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0606V UNPUBLISHED GERALDINE L. RISER, Chief Special Master Corcoran Petitioner, Filed: May 2, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Richard H. Moeller, Moore, Heffernan, et al., Sioux City, IA, for Petitioner. Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Geraldine L. Riser 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 an influenza (“flu”) vaccine she received in her left shoulder on October 25, 2019. Petition at 1; Stipulation, filed at April 27, 2023, ¶¶2-4. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. Petition at 8; Stipulation at ¶4. Respondent denies “that petitioner sustained a SIRVA Table Injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition.” Stipulation at ¶ 6. 1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E- Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 (2012). Case 1:21-vv-00606-UNJ Document 47 Filed 06/01/23 Page 2 of 7 Nevertheless, on April 27, 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 $40,000.00, 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-00606-UNJ Document 47 Filed 06/01/23 Page 3 of 7 Case 1:21-vv-00606-UNJ Document 47 Filed 06/01/23 Page 4 of 7 Case 1:21-vv-00606-UNJ Document 47 Filed 06/01/23 Page 5 of 7 Case 1:21-vv-00606-UNJ Document 47 Filed 06/01/23 Page 6 of 7 Case 1:21-vv-00606-UNJ Document 47 Filed 06/01/23 Page 7 of 7