VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01145 Package ID: USCOURTS-cofc-1_21-vv-01145 Petitioner: Kotana Cromartie Filed: 2021-03-31 Decided: 2024-10-02 Vaccine: influenza Vaccination date: 2021-01-21 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Kotana Cromartie filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2021. The petition alleged that on January 21, 2021, Ms. Cromartie received an influenza vaccine, which is listed in the Vaccine Injury Table. She claimed to have sustained a left shoulder injury related to vaccine administration (SIRVA) within the Table's timeframe and experienced residual effects for more than six months. The respondent denied that Ms. Cromartie sustained a SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on October 2, 2024. In the stipulation, they agreed to settle the case and award compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Ms. Cromartie was awarded a lump sum of $40,000.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award represents a compromise of the parties' positions on liability and damages. The case was resolved as a Table claim. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Bridget Corridon of the U.S. Department of Justice. Theory of causation field: Petitioner Kotana Cromartie received an influenza vaccine on January 21, 2021. She alleged a left shoulder injury related to vaccine administration (SIRVA) within the Table time frame, with residual effects lasting more than six months. Respondent denied the SIRVA, causation, and sequela. The parties filed a joint stipulation on October 2, 2024, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $40,000.00 for all damages. This was a compromise of liability and damages, resolved as a Table claim. Petitioner's counsel was Leah VaSahnja Durant, and Respondent's counsel was Bridget Corridon. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01145-0 Date issued/filed: 2024-11-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/02/2024) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01145-UNJ Document 50 Filed 11/15/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1145V KOTANA CROMARTIE, Chief Special Master Corcoran Petitioner, v. Filed: October 2, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On March 31, 2021, Kotana Cromartie filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On January 21, 2021, Petitioner received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. §100.3(a). Petitioner alleges that she sustained a left shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a SIRVA; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury. 1Because 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. 2National 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-01145-UNJ Document 50 Filed 11/15/24 Page 2 of 7 Nevertheless, on October 2, 2024, 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-01145-UNJ Document 50 Filed 11/15/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS oma OF SPECIAL MASTERS ) KOTANA CROMARTIE, ) ) Petition«-. ) No. 21-1145V v. ) Chief Special Master Corcoran j ECF SECRETARY OF HEAL1H AND HUMAN SERVICES. ) _____________ Respondent )) STIPULATION The parties hereby stipulate to the following matters: 1. Kotana Cromartie, petitionec, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § J00aa-10 to-34 (the "Vaccine Program;. The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") Va¢cine, which vaccine is contained in the Vaccine 11\jury Table (1he ''Table"), 42 C.F. R. § 100.3(a). 2. Petitioner reuived the flu vaccination in her left arm on January 21, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine Administration ("SIRVA") as a result of, receiving the flu vaccine witlrin the Table time frame. and that she experienced teSidual effects of1 bis injucy for roor:e than six months. S. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Case 1:21-vv-01145-UNJ Document 50 Filed 11/15/24 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner's alleged shoulder injuzy, or any other iajury; and denies that her cutTCnt condition is a sequelac of a vaccine-related iajury. 7. Maintaining their above-stated positions. the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding 1hc compensation described in paragraph 8 of this Stipulation. 8. M soon as practicable after an entry ofj udgme.nt reflecting a decision consistent with the terms of this Stipulation. and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a){l ). the Secretary ofH ealth and Human Services will issue the following compensation payme.ttt: A lump sum ofSC0,000.00, in the form of a check payable to petitioner. This amount represems compensation fur all damages that would be available under 42 U. S.C. § 3008a-1S(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and atkr petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), and an application, the parti~ will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in procce