VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-02221 Package ID: USCOURTS-cofc-1_21-vv-02221 Petitioner: Stephanie Poppen Filed: 2022-10-21 Decided: 2022-12-07 Vaccine: influenza Vaccination date: 2020-08-27 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Stephanie Poppen filed a petition for compensation under the National Vaccine Injury Compensation Program on November 29, 2021. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on August 27, 2020. Ms. Poppen contended that her injury met the Table definition or was otherwise caused-in-fact by the vaccine. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Poppen's injury or any sequelae. The parties subsequently filed a joint stipulation for damages on October 21, 2022. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Ms. Poppen was awarded $75,000.00 as a lump sum payment, representing compensation for all items of damages. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts. Petitioner was represented by Matthew B. Vianello of Jacobson Press P.C., and Respondent was represented by Katherine Carr Esposito of the U.S. Department of Justice. Theory of causation field: Petitioner Stephanie Poppen alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 27, 2020. She contended the injury met the Table definition or was otherwise caused-in-fact by the vaccine. Respondent denied causation. The parties filed a joint stipulation for damages, which Chief Special Master Brian H. Corcoran adopted as his decision. Petitioner was awarded $75,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented beyond the stipulation. Petitioner's counsel was Matthew B. Vianello, and Respondent's counsel was Katherine Carr Esposito. The decision date was December 7, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-02221-0 Date issued/filed: 2022-12-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/21/2022) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-02221-UNJ Document 34 Filed 12/07/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2221V UNPUBLISHED STEPHANIE POPPEN, Chief Special Master Corcoran Petitioner, Filed: October 21, 2022 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) Matthew B. Vianello, Jacobson Press P.C., Clayton, MO, for Petitioner. Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 29, 2021, Stephanie Poppen 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”) which meets the Table definition or, in the alternative, was caused-in-fact by the influenza vaccine she received on August 27, 2020. Petition at 1, ¶¶ 2, 26; Stipulation, filed at October 21, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injury. Petition at ¶¶ 2, 27, 29-30; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused [P]etitioner’s axillary neuropathy, or any other injury; and denies that her current condition is a 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-02221-UNJ Document 34 Filed 12/07/22 Page 2 of 7 Nevertheless, on October 21, 2022, 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 $75,000.00 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-02221-UNJ Document 34 Filed 12/07/22 Page 3 of 7 Case 1:21-vv-02221-UNJ Document 34 Filed 12/07/22 Page 4 of 7 Case 1:21-vv-02221-UNJ Document 34 Filed 12/07/22 Page 5 of 7 Case 1:21-vv-02221-UNJ Document 34 Filed 12/07/22 Page 6 of 7 Case 1:21-vv-02221-UNJ Document 34 Filed 12/07/22 Page 7 of 7