VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00106
Package ID: USCOURTS-cofc-1_15-vv-00106
Petitioner: Shannon Apodaca
Filed: 2015-02-02
Decided: 2016-05-03
Vaccine: influenza
Vaccination date: 2012-10-03
Condition: nerve damage, brachial neuritis, brachial plexus and shoulder injury, chronic myofascial parascapular pain, depression, and anxiety
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Shannon Apodaca filed a petition on February 2, 2015, alleging that an influenza and a TDaP vaccine administered on October 3, 2012, caused nerve damage, brachial neuritis, brachial plexus and shoulder injury, chronic myofascial parascapular pain, depression, and anxiety. She also claimed residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccinations caused or aggravated her alleged injuries. Despite this denial, the parties reached a joint stipulation for damages, which the Special Master found reasonable and adopted as the court's decision. The stipulation awarded Shannon Apodaca a lump sum of $85,000.00 as compensation for all available damages. This award was made in the form of a check payable directly to Ms. Apodaca. The parties agreed to expedite the entry of judgment by waiving their right to seek review.

Theory of causation field:
Off-Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00106-0
Date issued/filed: 2016-05-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/07/2016) regarding 31 DECISION Stipulation/Proffer ( Signed by Special Master Thomas L. Gowen.)(mpj) Copy to parties.
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Case 1:15-vv-00106-UNJ Document 32 Filed 05/03/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 15-106V
Filed: April 7, 2016
* * * * * * * * * * * * * * * * UNPUBLISHED
SHANNON APODACA, *
* Special Master Gowen
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Tetanus-Diphtheria-acellular
SECRETARY OF HEALTH * Pertussis (“TDaP”); Nerve Damage;
AND HUMAN SERVICES, * Brachial Neuritis; Brachial Plexus
* and Shoulder Injury; Chronic
Respondent. * Myofascial Parascapular Pain;
* Depression; Anxiety.
* * * * * * * * * * * * * * * *
Mark T. Sadaka, Mark T. Sadaka, LLC, Englewood, NJ, for petitioner.
Julia W. McInerny, United States Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 2, 2015, Shannon Apodaca (“petitioner”) filed a petition pursuant to the
National Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2012). Petitioner
alleged that an influenza (“flu”) vaccine and a Tetanus-Diphtheria-acellular Pertussis (“TDaP”)
vaccine administered on October 3, 2012, caused-in-fact and/or significantly aggravated nerve
damage, brachial neuritis, brachial plexus and shoulder injury, chronic myofascial parascapular
pain, depression, and anxiety. Stipulation ¶ 2, 4, filed Apr. 4, 2016. Further, petitioner alleged that
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, 44 U.S.C. § 3501 note (2012) (Federal
Management and Promotion of Electronic Government Services). As provided by Vaccine Rule
18(b), each party has 14 days within which to request redaction “of any information furnished by
that party: (1) that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would
constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:15-vv-00106-UNJ Document 32 Filed 05/03/16 Page 2 of 7
she experienced residual effects of her injury for more than six months. Id. at ¶ 4.
On April 6, 2016, the parties filed a stipulation in which they state that a decision should
be entered awarding compensation. Respondent denies that petitioner’s alleged injuries and
residual effects were caused and/or significantly aggravated by the flu and TDaP vaccinations she
received. Id. at ¶ 6. Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the
Court in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $85,000.00, in the form of a check payable to petitioner, Shannon
Apodaca. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Id. at ¶ 8.
The undersigned approves the requested amount for petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
The clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of
the parties’ stipulation.3
IT IS SO ORDERED.
s/ Thomas L. Gowen
Thomas L. Gowen
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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