VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01195 Package ID: USCOURTS-cofc-1_21-vv-01195 Petitioner: Carolyn Hall Filed: 2021-04-13 Decided: 2023-03-07 Vaccine: influenza Vaccination date: 2019-10-14 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 37000 AI-assisted case summary: Carolyn Hall filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2021. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 14, 2019. Petitioner stated that she received the vaccine in the United States and suffered residual effects for more than six months post-vaccination. Respondent denied that Petitioner sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused her injury, and denied that her condition was a sequelae of vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 31, 2023, agreeing to an award of compensation. Chief Special Master Corcoran found the stipulation reasonable and awarded Carolyn Hall a lump sum of $37,000.00 as compensation for all items of damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-01195-0 Date issued/filed: 2023-03-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/31/2023) regarding 35 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01195-UNJ Document 38 Filed 03/07/23 Page 1 of 7 Corrected In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1195V UNPUBLISHED CAROLYN HALL, Chief Special Master Corcoran Petitioner, Filed: January 31, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 13, 2021, Carolyn Hall 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”), within the time frame of the Table definition for a SIRVA injury, or which, in the alternative, was vaccine-caused, following the receipt of an influenza vaccine on October 14, 2019. Petition at ¶ 2, 27-28; Stipulation, filed at Jan. 31, 2023, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA more than six months post-vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 28-30; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of vaccine-related injury.” Stipulation at ¶ 6. 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-01195-UNJ Document 38 Filed 03/07/23 Page 2 of 7 Nevertheless, on January 31, 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 $37,000.00 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-01195-UNJ Document 38 Filed 03/07/23 Page 3 of 7 Case 1:21-vv-01195-UNJ Document 38 Filed 03/07/23 Page 4 of 7 Case 1:21-vv-01195-UNJ Document 38 Filed 03/07/23 Page 5 of 7 Case 1:21-vv-01195-UNJ Document 38 Filed 03/07/23 Page 6 of 7 Case 1:21-vv-01195-UNJ Document 38 Filed 03/07/23 Page 7 of 7