VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00688 Package ID: USCOURTS-cofc-1_21-vv-00688 Petitioner: Nancie Stevens Filed: 2021-01-12 Decided: 2023-07-26 Vaccine: influenza Vaccination date: 2019-10-26 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Nancie Stevens filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, after receiving an influenza vaccine on October 26, 2019. Ms. Stevens alleged that she sustained a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Stevens sustained a shoulder injury as defined by the Table, denied that the vaccine caused her alleged injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on July 25, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision. Ms. Stevens was awarded a lump sum of $35,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The award was made payable to Petitioner. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00688-0 Date issued/filed: 2023-08-28 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 07/26/2023) regarding 41 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0688V NANCIE STEVENS, Chief Special Master Corcoran Petitioner, v. Filed: July 26, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Nancie Stevens 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 received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on October 26, 2019. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequelae of a vaccine-related injury. 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 (2012). Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 2 of 8 Nevertheless, on July 25, 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 $35,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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-00688-UNJ Document 45 Filed 08/28/23 Page 3 of 8 Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 4 of 8 Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 5 of 8 Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 6 of 8 Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 7 of 8 Case 1:21-vv-00688-UNJ Document 45 Filed 08/28/23 Page 8 of 8