VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00619 Package ID: USCOURTS-cofc-1_21-vv-00619 Petitioner: Delma H. Armenta Filed: 2021-01-12 Decided: 2023-10-31 Vaccine: influenza Vaccination date: 2019-11-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 22000 AI-assisted case summary: Delma H. Armenta filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on November 6, 2019. She stated that the vaccine was received in the United States, she suffered residual effects for more than six months, and she had not filed a civil action or received prior compensation. Respondent denied that Ms. Armenta sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Ms. Armenta was awarded a lump sum of $22,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The court directed that judgment be entered in accordance with this decision. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00619-0 Date issued/filed: 2023-10-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/26/2023) regarding 47 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. (Main Document 51 replaced on 10/31/2023 to correct the pdf.) (fm). -------------------------------------------------------------------------------- Case 1:21-vv-00619-UNJ Document 51 Filed 10/31/23 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0619V DELMA H. ARMENTA, Chief Special Master Corcoran Petitioner, Filed: September 26, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Coyreen Weidner, Moore, Corbett, Heffernan, Moeller & Meis LLP, Sioux City, IA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Delma H. Armenta 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”) resulting from an influenza (“flu”) vaccine received on November 6, 2019. Petition at 1; Stipulation, filed September 26, 2023, at ¶¶ 2-4. Petitioner further alleges that the vaccine was received in the United States, she suffered residual effects and complications for more than six months, and she has never filed a civil action or received compensation in the form of an award or settlement for her injuries and conditions. Petition at ¶¶ 4, 30-32; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s current condition is a sequelae 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-00619-UNJ Document 51 Filed 10/31/23 Page 2 of 7 Nevertheless, on September 26, 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 $22,000.00 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-00619-UNJ Document 51 Filed 10/31/23 Page 3 of 7 Case 1:21-vv-00619-UNJ Document 51 Filed 10/31/23 Page 4 of 7 Case 1:21-vv-00619-UNJ Document 51 Filed 10/31/23 Page 5 of 7 Case 1:21-vv-00619-UNJ Document 51 Filed 10/31/23 Page 6 of 7 Case 1:21-vv-00619-UNJ Document 51 Filed 10/31/23 Page 7 of 7