VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00020 Package ID: USCOURTS-cofc-1_23-vv-00020 Petitioner: Deborah Summers Filed: 2025-04-24 Decided: 2025-05-28 Vaccine: influenza Vaccination date: 2020-09-22 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 85000 AI-assisted case summary: Deborah Summers filed a petition for vaccine compensation on April 24, 2025, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on or about September 22, 2020. She claimed the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this injury. Respondent denied that Ms. Summers suffered a Table SIRVA injury, denied that any vaccine caused her injury, and denied her condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Summers a lump sum of $85,000.00 for all damages available under the Vaccine Act. This amount is to be paid through an ACH deposit to her counsel's IOLTA account for prompt disbursement. The stipulation also addressed future proceedings for attorneys' fees and costs. The parties released the United States and the Secretary of Health and Human Services from all claims related to the alleged vaccine injury in exchange for the payment. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00020-0 Date issued/filed: 2025-05-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/24/2025) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00020-UNJ Document 41 Filed 05/28/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-0020V DEBORAH SUMMERS, Chief Special Master Corcoran Petitioner, Filed: April 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Ryan Pohlman Miller, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 9, 2023, Deborah Summers 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”) resulting from an influenza vaccine received on or about September 22, 2020. Petition at 1; Stipulation, filed April 24, 2025, at ¶¶ 2-4. Petitioner further alleges that the vaccine was administered in the United States, she suffered 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 arising out of her injury. Petition at ¶¶ 2, 17, 20; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner suffered a Table SIRVA injury; denies that any 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.” Stipulation at ¶ 6. 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 1:23-vv-00020-UNJ Document 41 Filed 05/28/25 Page 2 of 7 Nevertheless, on April 24, 2025, 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 $85,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 1:23-vv-00020-UNJ Document 41 Filed 05/28/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFCCE OF SPECIAL MASTERS DRBORAII SUMMERS, Peti tioncr, V. No. 23-20V (SPU) Chief Special Master Corcoran SECRETARY OF HEALTH AND F.CF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Deborah Summers, (i[ed a petition for vaccine compensation under the Nationnl Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries nllcgedly related to petitioner's receipt of the influcnw ("flu") vaccine, which vaccine is contained in the V1:1ccine Injury THblc (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the vaccine on or about September 22, 2020. 3. The vaccine was administered within the United States. 4, Petitioner alleges that she suffered a right Shoulder Injmy Related to Vaccine Administration ("SIRVA") within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for rnore than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages arising out of the alleged vaccine injury. - l - Case 1:23-vv-00020-UNJ Document 41 Filed 05/28/25 Page 4 of 7 6. Respondent denies that pct itioner suffered a Table SIRV /\. injury; denies that any vaccine caused petitioner's alleged shoulder injury, or any other injmy; and denies that petitioner's current condition is a sequela of a vaccine-related injury. 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 the compensation described in paragr11ph 8 of this Stipulation. 8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has Ji led an election lo receive rnrnpensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $85,000.00, to be paid through an ACI-l deposit lo petitioner's counsel's IOLTA account for prompt disbursement lo petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l5(a). 9. /\s soon as practicable ufter the ent1y of judgment on entitlement in this case, and ofter petitioner has filetl both a proper and timely election to receive compensation pursuant lo 42 U.S.C. § 300aa-2 I (a)( 1) , and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in any proceeding upon this petition. l 0. Petitioner and petitioner's attorney represenl that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent !hat payment has been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX ol'thc Social Security Ac! (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis, and -2 - Case 1:23-vv-00020-UNJ Document 41 Filed 05/28/25 Page 5 of 7 represent that they have idcnti ficd to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g). 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragrnph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory fonds. 12. The panies and their attorneys fmthcr agree and stipulate that, except for any awnrd for attorneys' fees and litigation costs, and past unreimbursable expenses, the mont:y proviuc:d pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release, acquit and discharge the Unitc