VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-02142 Package ID: USCOURTS-cofc-1_23-vv-02142 Petitioner: Norine Busser Filed: 2025-03-06 Decided: 2025-04-11 Vaccine: influenza Vaccination date: 2022-09-19 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Norine Busser filed a petition for compensation under the National Vaccine Injury Compensation Program on March 6, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza and/or MMR vaccine received on September 19, 2022. She also received Shingrix and tetanus vaccines on the same day, and a COVID-19 vaccine on October 10, 2022. The petition stated that the vaccines were administered in the United States, her injury lasted more than six months, and no prior action or compensation had been received for this injury. Respondent denied that Ms. Busser sustained a SIRVA Table injury, denied that any 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 positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision awarding damages, granting a lump sum of $20,000.00 for all items of damages available under Section 15(a). This amount was to be paid through an ACH deposit to Petitioner's counsel's IOLTA account for prompt disbursement to Petitioner. The stipulation also addressed attorneys' fees and costs, and released the United States and the Secretary of Health and Human Services from further claims related to the vaccinations. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-02142-0 Date issued/filed: 2025-04-11 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 03/06/2025) regarding 29 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-02142-UNJ Document 37 Filed 04/11/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-2142V NORINE BUSSER, Chief Special Master Corcoran Petitioner, Filed: March 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Daniel Alholm, Alholm Law PC, Chicago, IL, for Petitioner. Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 19, 2023, Norine Busser 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 and/or measles-mumps-rubella (“MMR”) vaccine received on September 19, 2022. Petition at 1; Stipulation, filed March 6, 2025, at ¶¶ 2-4. Petitioner further alleges that the vaccines were administered in the United States, her injury lasted more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 14-16; Stipulation at ¶¶ 3-5; Ex. 3. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that any 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. 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-02142-UNJ Document 37 Filed 04/11/25 Page 2 of 8 Nevertheless, on March 6, 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 $20,000.00, 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-02142-UNJ Document 37 Filed 04/11/25 Page 3 of 8 IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS NORINE BUSSER, Petitioner, No. 23-2142V Chief Special Master Corcoran V. ECF SECRETARY OF HEAL TH AND HUMAN SERVfCES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Norine Busser ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the "Vaccine Program"'). The petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza (''flu"') and/or measles-mumps-rubella ("MMR") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a). 2. Petitioner intramuscularly received flu and Shingrix vaccines in her left deltoid and MMR and tetanus vaccines in her right deltoid on September 19, 2022.1•2 3. The vaccines were administered within the United States. 1 The Shingrix vaccination is not contained on the Vaccine Injury Table. 2 On October I 0, 2022, petitioner also received a COVID-19 vaccine. Vaccines against COVID-19 are not contained in the Vaccine Injury Table. 42 U .S.C. § 300aa-14; 42 C.F .R. § I 00.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e), claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be compensable under the Countermeasures fnjury Compensation Program ("CICP"). 85 Fed. Reg. I 5198, 15202 (Mar. 17, 2020). Case 1:23-vv-02142-UNJ Document 37 Filed 04/11/25 Page 4 of 8 4. Petitioner alleges that she sustained a left shoulder injury 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 more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that any 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. 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 paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $20,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(a). 9. As soon as practicable after the entry ofj udgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(I ), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. 2 Case 1:23-vv-02142-UNJ Document 37 Filed 04/11/25 Page 5 of 8 10. Petitioner and her attorney repiesent 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 that 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 of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient statutory funds. 12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys· fees and litigation costs, and past unreimbursable expenses, the mane~ provided 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(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, (a) does forever irrevocably and unconditionally release, acquit, and discharge the United States and the Secretary of Health and Human Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss of services, expenses, and all demands of whatever kind or nature) that have been brought, could have been brought, or hereafter could be timely brought in the Court of Federal Claims, under the Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq., (i) on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of 3 Case 1:23-vv-02142-UNJ Document 37 Filed 04/11/25 Page 6 of 8 petitioner resulting from, or that may be alleged to have resulted from, the vaccinations administered on September 19, 2022, and October 10, 2022, and (ii) that petitioner has had, now has, or hereafter may have with respect to the injury that gave rise to the petition for vaccine compensation filed on or about December 19, 2023, in the United States Court of Federal Claims as petition No. 23-2 I 42V; and (b) waives any and all rights to any compensation that may be available under the Countermeasures Injury Compensation Program (CICP), 42 U.S.C. § 247d- 6e (or an action under 42 U.S.C. § 247d-6d(d)), for a claim alleging that a covered countermeasure, including the COVID-19 vaccination administered on October I 0, 2022, on its own or in combination with vaccinations administered on September 19, 2022, caused or seriously aggravated the injuries that were the subject of the petition for vaccine compensation filed on or about December 19, 2023, in the United States Court of Federal Claims as petition 23-2 I 42V, including a SIRVA, for which petitioner wi II receive compensation pursuant to this Stipulation. If petitioner has such a claim currently pending with the CICP, petitioner hereby withdraws such claim for compensation in the CICP. 3 If no claim for compensation has been filed in the CICP as of the date this Stipulation is filed, petitioner waives the right to file a claim as described in this paragraph for compensation in the CICP. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties. 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a 3 After entry of judgment reflecting a decision consistent with the terms of this Stipulation, petitioner agrees that respondent will send this Stipulation to the CICP as evidence of petitioner's withdrawal of their CICP claim and waiver of any potential compensation under the CICP. 4 Case 1:23-vv-02142-UNJ Document 37 Filed 04/11/25 Page 7 of 8 decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shal I be voidable at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages, and further, that a change in the nature of the injury or condition or in the items of compensation sought, is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that any vaccine caused petitioner's alleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Case 1:23-vv-02142-UNJ Document 37 Filed 04/11/25 Page 8 of 8 Respectfully submitted, PETITIONER: Non'tte 8utret Norine Busw, (Ftb ?S. :,o,s 12·◄7 PSfj NORINE BUSSER ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~~tf/jt({._ ~~n}J.£e.«L~ DANlliLG. ALHOLM HEATHER L. PEARLMAN ALHOLM LAW PC Deputy Director 150 South Wacker Drive, Suite 2400 Torts Branch Chicago, IL 60606 Civil Division Tel: (773) 412-3320 U.S. Department of Justice Email: dan@sirvainj ury .com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S. Digitally signed by Jeffrey S. Beach-S -S Beach Date: 202S.02.2510:00:22 :1: