VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02041 Package ID: USCOURTS-cofc-1_23-vv-02041 Petitioner: Christina Valentine Filed: 2025-02-24 Decided: 2025-04-08 Vaccine: influenza Vaccination date: 2021-09-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 16000 AI-assisted case summary: Christina Valentine filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 14, 2021. She further alleged that she experienced residual symptoms for more than six months. Respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding Christina Valentine a lump sum of $16,000.00 as compensation for all items of damages available under the program. This amount represents a compromise of the parties' positions on liability and damages. The decision was issued on April 8, 2025, following the petition filed on February 24, 2025. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02041-0 Date issued/filed: 2025-04-08 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 02/24/2025) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02041-UNJ Document 28 Filed 04/08/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2041V CHRISTINA VALENTINE, Chief Special Master Corcoran Petitioner, Filed: February 24, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Lawrence R. Cohan, Saltz, Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner. Ryan Nelson, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 22, 2023, Christina Valentine 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 a result of an influenza (“flu”) vaccine she received on September 14, 2021. Petition at 1; Stipulation, filed at February 24, 2025, ¶¶ 1-4. Petitioner further alleges that she suffered the residual symptoms of her injury for more than six months. Petition at 4; Stipulation at ¶ 4. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury, and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on February 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. 1 Because 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. 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 (2018). Case 1:23-vv-02041-UNJ Document 28 Filed 04/08/25 Page 2 of 8 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $16,000.00, 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 1:23-vv-02041-UNJ Document 28 Filed 04/08/25 Page 3 of 8 I~ THE l'~ITED STATES COllRT OF n:Dt.:R.\L CLAIMS on,·1ct: 01< srt:CIAL MASTF.R~ CHIUS 11:-.lA V/\Ll:l\Tll\E, Petitioner. 1',o. :!3-:?04 IV Chier· Sp1X1al Ma.~1e1 Coico11m f:.CP \I SECRF.T ARY OF HE.I\LTH AND 1-!L'\1.\N SER ViC'ES. Rcspondrnt STIPl'LATl<)'.'I The parties hereby stipulate to the folfou,'ing matters· I (h1istina V 1 On September 9, 20:? I and Oct<'1ber I ::o'.! I, petitioner also received COVID-19 vaccines \ acdnc.-s against CO\'1O-19 arc not contained in the \ accinc Injury !'able. See 42 l, S (' § 100aa-14 and 42 C .1-.R ~ I 00.3(a) Pursuant in the declaration issu~I by the: Secretary t>f I lealth and J l11man Services under the Public Readiness and Emergency Preparedness Act (-4::! l SC~~ 2.-17d-6d, '.;47d-6e), claims for alleged injuries fr()m CO\'ID-19 coun1ennea~l1rc:.. including. vacd,11:s. may he com pens.able under the C ountcTTTici1surt.-s Injury Compcnsa1ion Program (''CJ('p··1 Sci:~~ Ft.-d Reg J 'i 198. I 5202 (March 17. 20ZO) Case 1:23-vv-02041-UNJ Document 28 Filed 04/08/25 Page 4 of 8 i Petitioner alleges t11al sfie sustamed a ~houldcr inju1y rdat<.xl to v11c<.inc administration (''SIRVA'') v.ithin the time period set fonh in rhe Table She lill'ther all1.,-g1.,~ that she experienced the residual effects of this condition for more than six months 5 Pc1i1i~1m.:r represents that there has been no prior award or .:;ettlemcnt of a ci~il action for damages 1)0 her behalf ;\!I a rc~ult tifhcr alh.-gcd injur','. 6 Respondent dcni1:~ that petitioner sustained a SlRV A Table injury denies that the vaccine caused petiuoner·~ alleged shoulder inJury. Many other injury. and d1.'Tlie5 that her cum.:nt condition is a s.cqucla of a \'accine-related injwy 7 \faintainin~ their above-stated positions. the panies nevertheless now agree that the 1s:mcs hctwe<.-n them shall be settled and that a decision should be cntcn:d awarding the compensa.tJf>n d~crihed in JM1ag,aph 8 of this Stipulation 8 . ..\s soon as pracucahle after an entry of judgment refl1:ct111;,; a dec1~ion i;on~i-;11.,'111 with the rcrm:; of this Stipulation. and after petitioner ha.~ tiled an elcc.tion ti) r¢eei~·e C1)mpen:..11io11 pur~uant I\> ➔:: U S C'. ~ J00;1a-~ I( a)( I}. the Secretary of Health and Human Services will issue the follov.111g van.:inc c1.1mpcn!>,t1ion payment: :\ lump sum of $16.000.00 in the li:>1111 or a ch1.,-ck payable to petitioner, This amount represents compensation tor all damar,cs that would be availabk und1.~r 42 L..S.C § 300aa• 151 a). •) A,; soon as practicable after the entr) of,iudgmcm on entitlement in this case, and al1l:1 p.:titioncr hc1$ fih:d b1.11h a pn.1per and timely election 10 receive compensation pursuant to~::! * L.S.C. 300aa-:! l (a)(}). and an application. the pm1i1.,-s will submit to lurthcr proceedings before the special master to award reasonahle anorncy!,· fees and costs incurred in proceeding upon this petition Case 1:23-vv-02041-UNJ Document 28 Filed 04/08/25 Page 5 of 8 10. Petitioner and her attorney reprt!sc:nt thaI com~-ns,uiun to be provided pursuant to th1:.-Stipulation is not for any nems or service;,; lbr whi~h the Program is not primarily liable * under ·'I: U.S.C. 300aa-l S(g) the ex1en1 that p.tyrn<.,-nt hc1s b<."\.'fl made or can reasonably be U) e'enc:es. and ,111 demands of whatever lm1d or nature) that have been brought. could have been brought. or hereafter could be timely brought 111 the Coult of Federnl Claims. under the Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-lO cl se4., \i) on account of. or in any w;iy grov.ing Case 1:23-vv-02041-UNJ Document 28 Filed 04/08/25 Page 6 of 8 out of, any and aJl l..r1own or unkm)\11ll. ~w;pc.."(.1c.,xl ur unsuspected pc.,'Tsonal injuries to or death of petitioner resulting from, or lhat may be alle<3ed to haw resull,-d fiom. lhc vaccinations administered on Septemher 9 202 l September 14. 2021. ,rnd Oc1l1bcr I. 2021. and (ii) that r,cliti()nl~r has had. now has. or hereafter may have with respect to the injury that gave rise io Ll1c: petition fo, vaccin1: compensation filed on or about November 29. 2023, in the united States l.(lu11 01 Federal Claim:. as petition 'io 23-2041 V: 3Jld (b I waives any and all rights to any compensation that may he available 11nde1 1hc Cot1ntenm.:asurcs Injury Compensation Program * (CICP), 42 U.$.C. 247d-6e (Man ac1.1on undet 42 l.l SC' § 247d-6d(d)). ti)r a daim alleging that a covered countermeasure. including the CO V 11)..19 ,., acci nations administered on Scptcmbc..-r 9. 2021. and October I. :::021. on their o\11n or in combination ,vith the flu vaccination administered on Septemhe1 14. 2021. 1:<1u:.1.:e voidable upon proper no1ice to the Com1 on behalf or either or both of the parties. ; After COU)' of judgment reflecting a il1ty and liamage:, daimcd under the National Childhood Vaccine lnjul")' Act of 1986, a.~ amend,:N' • Of· "fHE ATH>R~>:Y GF.NF.RAL: ' ~·-?' { ,, ,. I ~~~Plr1 IALAr-- ~ A WRE:--1 'J: R-(::t.0::--:1:-1:-.-A.-~:-:.- - -=-..___ llEA THER L. PEARLMAN ____. • - - ~ Attvrncy lit Lt1w Deputy Director Saltz Mongeluzzi R1.:ndcsky J'on~ nranch One LihL-ny Place. 1650 ~arket Street Civil Oivision :'i~nd Fl(.lor U.S. Department of Justice Philadelphia, PA 1910.1 I' 0. Bo:-t 146 Tel. (~ 15) 5 75-.'li;R., ncnplrnin Frcinklin Station Washington. DC 20044-014<> AllTHORIZU> Rf:PRl•'.SF."ITATI\'[ ,\'ITORNl::Y