VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01384 Package ID: USCOURTS-cofc-1_21-vv-01384 Petitioner: Rashawnda L. Benton Filed: 2021-05-21 Decided: 2023-05-31 Vaccine: influenza Vaccination date: 2019-11-05 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Rashawnda L. Benton filed a petition on May 21, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2019. She stated the vaccination occurred in the United States, her symptoms persisted for over six months, and she had not received prior compensation or filed a civil action for her injuries. Respondent denied that the flu vaccine caused her alleged injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on April 20, 2023, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Rashawnda L. Benton was awarded a lump sum of $25,000.00, 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-01384-0 Date issued/filed: 2023-05-31 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/28/2023) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. (Main Document 42 replaced on 6/8/2023 to correct the pdf.) (fm). -------------------------------------------------------------------------------- Case 1:21-vv-01384-UNJ Document 42 Filed 05/31/23 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1384V UNPUBLISHED RASHAWNDA L. BENTON, Chief Special Master Corcoran Petitioner, Filed: April 28, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) Coyreen Weidner, Moore, Corbett, Heffernan, Moeller & Meis LLP, Sioux City, IA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 21, 2021, Rashawnda L. Benton 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) after receiving an influenza (flu) vaccine on November 5, 2019. Petition at 1; Stipulation, filed at April 20, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccination was administered within the United States, she has suffered the residual effects and complications of her symptoms for more than six months, and has never received compensation in the form of an award or settlement for her injuries and conditions, and she has never filed a civil action for her injuries and conditions. Petition at 9; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner’s alleged injury, or any other injury, and further denies that [P]etitioner’s current disabilities are sequelae of a 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-01384-UNJ Document 42 Filed 05/31/23 Page 2 of 7 Nevertheless, on April 20, 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 $25,000.00 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-01384-UNJ Document 42 Filed 05/31/23 Page 3 of 7 Case 1:21-vv-01384-UNJ Document 42 Filed 05/31/23 Page 4 of 7 Case 1:21-vv-01384-UNJ Document 42 Filed 05/31/23 Page 5 of 7 Case 1:21-vv-01384-UNJ Document 42 Filed 05/31/23 Page 6 of 7 Case 1:21-vv-01384-UNJ Document 42 Filed 05/31/23 Page 7 of 7