VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-01853 Package ID: USCOURTS-cofc-1_21-vv-01853 Petitioner: Lindsey Woods Filed: 2023-01-24 Decided: 2023-02-23 Vaccine: influenza Vaccination date: 2020-10-07 Condition: shoulder injury related to vaccine administration (SIRVA) as well as peripheral neuritis, bursitis, or brachial plexus disorder Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Lindsey Woods filed a petition for compensation under the National Vaccine Injury Compensation Program on January 24, 2023, alleging a shoulder injury related to vaccine administration (SIRVA), as well as peripheral neuritis, bursitis, or brachial plexus disorder. These injuries were allegedly caused by an influenza vaccine administered on October 7, 2020. Woods stated that the vaccine was given in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for these conditions. Respondent denied that Woods sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or other conditions, and denied that her current condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on January 23, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Woods was awarded a lump sum of $30,000.00, 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-01853-0 Date issued/filed: 2023-02-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/24/2023) regarding 26 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-01853-UNJ Document 30 Filed 02/23/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1853V UNPUBLISHED LINDSEY WOODS, Chief Special Master Corcoran Petitioner, Filed: January 24, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 14, 2021, Lindsey Woods 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 peripheral neuritis, bursitis, or brachial plexus disorder as a result of an influenza (“flu”) vaccine that was administered on October 7, 2020. Petition at 1; Stipulation, filed on January 23, 2023, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she has experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at ¶¶ 1, 4; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, alleged peripheral neuritis, bursitis, or brachial plexus disorder or any other injury; and denies that petitioner’s current condition is a sequela 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-01853-UNJ Document 30 Filed 02/23/23 Page 2 of 7 Nevertheless, on January 23, 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 $30,000.00 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-01853-UNJ Document 30 Filed 02/23/23 Page 3 of 7 Case 1:21-vv-01853-UNJ Document 30 Filed 02/23/23 Page 4 of 7 Case 1:21-vv-01853-UNJ Document 30 Filed 02/23/23 Page 5 of 7 Case 1:21-vv-01853-UNJ Document 30 Filed 02/23/23 Page 6 of 7 Case 1:21-vv-01853-UNJ Document 30 Filed 02/23/23 Page 7 of 7