VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00636 Package ID: USCOURTS-cofc-1_21-vv-00636 Petitioner: Jamie Vaughan Filed: 2021-01-12 Decided: 2023-05-30 Vaccine: influenza Vaccination date: 2019-10-05 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Jamie Vaughan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 5, 2019. The petition stated that the vaccine was administered in the United States, the injury persisted for more than six months, and no prior action or compensation had been received for this injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused the 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 April 28, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Jamie Vaughan was awarded a lump sum of $30,000.00, 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-00636-0 Date issued/filed: 2023-05-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/28/2023) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00636-UNJ Document 47 Filed 05/30/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0636V UNPUBLISHED JAMIE VAUGHAN, Chief Special Master Corcoran Petitioner, Filed: April 28, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Jamie Vaughan 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 left shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza vaccine received on October 5, 2019. Petition at 1; Stipulation, filed April 28, 2023, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, her injury persisted for more than six months, and neither Petitioner, nor any other party, has ever filed an action or received compensation in the form of an award for Petitioner’s vaccine-related injury. Petition at ¶¶ 2, 10-12; 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 her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished 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-00636-UNJ Document 47 Filed 05/30/23 Page 2 of 7 Nevertheless, on April 28, 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 $30,000.00 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-00636-UNJ Document 47 Filed 05/30/23 Page 3 of 7 Case 1:21-vv-00636-UNJ Document 47 Filed 05/30/23 Page 4 of 7 Case 1:21-vv-00636-UNJ Document 47 Filed 05/30/23 Page 5 of 7 Case 1:21-vv-00636-UNJ Document 47 Filed 05/30/23 Page 6 of 7 Case 1:21-vv-00636-UNJ Document 47 Filed 05/30/23 Page 7 of 7