VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00812 Package ID: USCOURTS-cofc-1_21-vv-00812 Petitioner: Edna Groen Filed: 2021-01-28 Decided: 2023-05-16 Vaccine: influenza Vaccination date: 2019-08-30 Condition: shoulder injury related to vaccine administration (SIRVA) as well as additional injuries, including axillary neuropathy/axillary nerve palsy post trauma Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Edna Groen filed a petition for compensation under the National Vaccine Injury Compensation Program on January 28, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) and axillary neuropathy/axillary nerve palsy as a result of an influenza vaccination received on August 30, 2019. Ms. Groen stated that the vaccination occurred in the United States, her injuries persisted for more than six months, and she had not filed any other civil actions or received prior compensation for these injuries. Respondent denied that Ms. Groen sustained a SIRVA Table injury, denied that the vaccine caused her alleged injuries, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 13, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Groen was awarded a lump sum of $20,000.00, 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-00812-0 Date issued/filed: 2023-05-16 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/14/2023) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00812-UNJ Document 26 Filed 05/16/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-812V UNPUBLISHED EDNA GROEN, Chief Special Master Corcoran Petitioner, Filed: April 14, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Michael James Morgan, Morgan Smith Porter, PLLC, Covington, KY, for Petitioner. Alexa Roggenkamp, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 28, 2021, Edna Groen 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 well as additional injuries, including axillary neuropathy/axillary nerve palsy post trauma, resulting from an influenza (flu) vaccination she received on August 30, 2019. Petition at 1; Stipulation, filed at April 13, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, her injuries persisted for more than six months, and neither she, nor any other party, has ever filed any civil action or received any compensation in the form of an award or settlement relating to her vaccine-related injuries. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged left shoulder injury, axillary neuropathy, or any other injury, and 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-00812-UNJ Document 26 Filed 05/16/23 Page 2 of 7 denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on April 13, 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 $20,000.00 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-00812-UNJ Document 26 Filed 05/16/23 Page 3 of 7 Case 1:21-vv-00812-UNJ Document 26 Filed 05/16/23 Page 4 of 7 Case 1:21-vv-00812-UNJ Document 26 Filed 05/16/23 Page 5 of 7 Case 1:21-vv-00812-UNJ Document 26 Filed 05/16/23 Page 6 of 7 Case 1:21-vv-00812-UNJ Document 26 Filed 05/16/23 Page 7 of 7