VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_15-vv-00768
Package ID: USCOURTS-cofc-1_15-vv-00768
Petitioner: Shawn Shorkey
Filed: 2015-07-23
Decided: 2017-04-11
Vaccine: influenza
Vaccination date: 2012-11-15
Condition: chronic inflammatory demyelinating polyneuritis (CIDP)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Shawn Shorkey filed a petition for vaccine compensation on July 23, 2015, alleging that the influenza vaccine he received on November 15, 2012, caused him to suffer from chronic inflammatory demyelinating polyneuritis (CIDP) and that he experienced residual effects for more than six months. The respondent denied that the flu vaccine caused petitioner's alleged CIDP or any other injury, and further denied that his alleged current disabilities were a sequela of a vaccine-related injury. Despite these opposing positions, the parties reached a joint stipulation for settlement. Special Master Christian J. Moran reviewed and adopted the stipulation as the court's decision. The stipulation awarded Shawn Shorkey a lump sum payment of $35,000.00, payable to him, as compensation for all damages. This payment was to be made as soon as practicable after the entry of judgment and after petitioner elected to receive compensation. The decision also noted that the parties would submit to further proceedings before the special master to award reasonable attorneys' fees and costs. The stipulation, dated March 16, 2017, was adopted by the court on April 11, 2017. Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Colleen C. Hartley of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation field:
Petitioner Shawn Shorkey received an influenza vaccine on November 15, 2012, which is contained in the Vaccine Injury Table. He alleged that this vaccine caused him to suffer from chronic inflammatory demyelinating polyneuritis (CIDP) and that he experienced residual effects for more than six months. Respondent denied causation. The parties reached a stipulation for settlement, and Special Master Christian J. Moran adopted the stipulation. The award was a lump sum of $35,000.00. The public text does not name specific experts or detail the medical mechanism of injury, but the theory aligns with the Vaccine Injury Table for CIDP following an influenza vaccine. The decision date was April 11, 2017. Petitioner's counsel was Lawrence R. Cohan, and respondent's counsel was Colleen C. Hartley.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_15-vv-00768-0
Date issued/filed: 2017-04-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/16/2017) regarding 57 DECISION Stipulation/Proffer. Signed by Special Master Christian J. Moran. (SP) Copy to parties.
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Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
SHAWN SHORKEY, *
* No. 15-768V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: March 16, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* chronic inflammatory demyelinating
Respondent. * polyneuritis (“CIDP”).
* * * * * * * * * * * * * * * * * * * * *
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for Petitioner;
Colleen C. Hartley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 16, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by Shawn Shorkey on July 23, 2015. In his
petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in
the Vaccine Injury Table, 42 C.F.R. §100.3(a), and which he received on
November 15, 2012, caused him to suffered chronic inflammatory demyelinating
polyneuritis (“CIDP”). Petitioner further alleges that he suffered the residual
effects of this injury for more than six months. Petitioner represents that there has
been no prior award or settlement of a civil action for damages on his behalf as a
result of his condition.
Respondent denies that the flu vaccine caused petitioner’s alleged CIDP or
any other injury and further denies that his alleged current disabilities are a sequela
of a vaccine-related injury.
1 The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.

Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 2 of 7
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $35,000.00 in the form of a check payable to
petitioner, Shawn Shorkey. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-1329V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
S/Christian J. Moran
Christian J. Moran
Special Master
2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2

Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 3 of 7
IN TliK'UNlTE'J) STAT.ES Cf)URT OF JrE))l~RAL CLAIMS
. OFFICE OF SPECIAL MASTERS
)
SHAWN SHORKEY, )
')
Petitioner, ) No. 15-768V (ECF)
) Special Master Moran
'v. }
)
SECRETARY OF HEALTI-l AND )
HU1\IIAN SERVICES, )
)
Respondent. )
-----_,......-~--~~---··~------~
STIPULATION
The parties hereby stipulate ti,) the following matte1·s:
I, Pctilioner, Shawn Shorkey, filed a petitiot~ forvnccine compensation undel' the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 lo 34 (the ''Vaccine Program"). The
pctitio1) seeks co1npe1isution for injuries allegedly related to petitlonel''s i·eceipt of the influenza
("flu'') vaccine, which vaccine is contained in llic Vaccine lnjmy Table-(the "Table"), 42 C.F.R. §
l 00.~ (a).
2. Petitioner received n flu vaccine on or nbout November I 5, 2012.
J. The vaccine was administered within the United States.
4. Petitionc1; alleges that he suffered chronic inflnmmC\tory demyclinating po!ynem!tis
(';CJDP") ns a consequence of the flu imlnuoization he received on or about November 15, 2012,
and fu1ther al le$es that he suffered the residual.~ffects of this injliry for m9re than six m9nths.
5. Petitioner represents tl?~t there has been no pl'ior award 01· scttleine1it of u civil nction
for damages on his behalf as a result of his condition.
. Page 1 ofS.

Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 4 of 7
6. Respondent cl~nies that the ·~u vaccine caused petitioner's alleged CIOP or any other
injury and ~urthcr denies th;it his alleged ClllTCnt disnbilities nre a sequela of a vaccine-related
injury.
7. Maint~ining their apove~stilt~d positions, the parties nevertheless now agree ·that the
issues bet\veen them shnll be settled <lnd that 11 decision should be entered awarding the
cbmpensntion described in paragraph 8 of this Stipulation.
8. As· s.oon as pnicticable after nn entry of judgment reflecting a d<;cision consistent with
the terms of this Stipulation, and after petitioner has· tiled an cl~ction to receive compensation
pursuant lo 42 U.S.C. § 300all-il (a){l ), the Secretnt·y of Heaith and Human Sel'vices will issue the
folleiw_ing voccine compensati@ payment
A lump sum of $3.5 ,000.00 in the.form of a·check. pnya.blc.to petidoner, representing
coinpensation for all damages that would b.e available under 42 U.S.C. § 300an
! S(a}.
9. As soon as pn1cticable after the entry ofjudgment on entitlement in this cnsc, and after
petitioner hns filed both a proper and timely election to receive cornpens<ttion pursunnt to 42 U.8.C.
§ 300fla-21( a)(l), and mi application, the parties will submit to fi.11·ther proceedings before the
special mnste1· to aw~rd reusonable allorneys' foes ~fr1d costs incurred in proceeding upon this
petition.
I 0. Petitioner and his attorney represent thot they have identified to respondent all known
sollrces of pRymcnt for Items or services /Or which the Program is not pr1nrnrily liable under 42·
U.S.C. § 300an-l 5(g), 1ncll1Cling State compensation·progrnms, insurnnce policies, Federal or State
health bcJJefits programs (other than Title XJX of the Social Sccul'ity Act (42 U.S.C. § I3 96 et
seq.)), or entitie:-; _that provide health servic~s on a pL'cpAid basis.
Page-2of5

Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 5 of 7
11. Payment made pursuaril to. pnrngraph 8 of this Stipulation and any mnounts awm'ded
pmsuant to parngraph 9 will be made in ctccordance with 42 U.S.C. § 300nn-15(i), subject to lhe
availability of sufficient statu~oty funds.
12. The pal'C'ies -and their attorneys fu1ther ag1'ee-and stipulate that,. except for any award
for attorneys' fees ond lit\gation costs, the money provicledpur~t1anl to this Stipula~ion wil I be used
solely for tile benefit of petilionel' as contemplated by a st1'ict construction of42_.U .$.C.
§ 300aa-l 5(a) and (d)~ and subject to the c . o 1iditions of 42 L/;S.C § 3 . 0 0an· ! 5(g) and (h).
13. ln return fo1· the payments described in paragraphs 8 nnd 9, petitioner, in his individual
copacity nncl on behalf of his heirs, executors, administrators, st·1ccessors, and assigns, docs forever
1
irrevocably and uncomiitionolly release, acquit and discharge the United Stn1es nnd the Secretary
of Health and Human Sel'viccs from ony and all actions or causes of nclion (including agreements,
judgments, claims, damages, loss of s·ervices, expenses and all demands of whatever kind or
nature) that have been brought, could have been b1:ought, or coulct be tin1cly bro1_1ght in the Uni led
States Court of F~dernl Claims, under the Nntionnl Vaccin~ Injury Compensation Progrnm, 42
U.S.C. § 300nn~ 10 et seq., on account of, or in any way gl'owitlg out of, any and all known or
unknown, suspe.Cted or unsuspected personal injmics to or de<lth of petitioner resulling from, or
alleged to have resuJfod. from; the flu vacci"nation administered on ot about November 15, 2012 as
.alleged by petitioner in a petition fo1· vaccine compensation filed on or about July 22, 201-5, in the
United States Coult of Federal Clnims as petition No. 15-768V.
14. If petitioner sholll<l die prior to entry of jt1dgmc.nt, this agreement shall be voidable
upon proper notice to the Court on belrnlf of either or both of the parties.
15. If the special mnstcr foils to. issue a decision in complete conformity with the terms of
this Stipulation or if the United States Cou11 or Federal Claims fails to ente1· judgment in
Page 3of5

Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 6 of 7
conform ily with a decision that is in complete conformity with the terms of this· Stipulation, then
the pariies: ~ettlemcnt nnd this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation exµresses a foll and complete negotiated settlement of liability and
damages claimed under the National Childhood VaGcine Injury Act of 1986, as arnen"ded, cx.cept
as otherwise noteq. in r~ragrnph 9 above. There is absolutely no agreement on the part of the
parties hereto to make uny payment 01· do any act or thing other than is herein expressly stated and
clec;rly a.greed to. The· parties ful'the·r agree <ind underst~)nd thnl tlw award described in this
Stipulation may l'eilect a compromise or the parties' respective positions as to liability and/or
amouht .of dnmnges, and 11.irlhci", tha't a change in the nu lure of the injury or conci ition or in the
items of compensation sought, is not grounds lo modify or revise this agreement.
17. This Stipulati'on sholl not be construed as an admission by the United States or the
Secretnry of Heal.th and Human Services that the flu vaccine caused petitioner's alleged ClDP or
any other injury or any of his tdleged curre11t disabilities.
18. All rights and obi ig1~t.ioi1s· or petitionc1"hcreunder shall ·apply equ.ally to petitioner's
heirs, executors, acltninistratqrs, succ.cssors, ancl/or assigns.
E,ND OF STIPULATION
·· Page 4·of5 ·

Case 1:15-vv-00768-UNJ Document 64 Filed 04/11/17 Page 7 of 7
Rcsrcctfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENT AT JVE
PETITIONEI~ / OF IIE ATTORNEY GENERAL:
- (;I '~
~
(., J----
ONE LOGAN SQUARE
130 NORTH 18TH STREET, SUITE 1600
Civil Division
PHILADELPHIA, PENNSYLVANIA 19103
Tel: (215 ) 79U-4.:>o I U.S. Department of Justice
P. 0. Rox 146
13enjamin Franklin Station
Washington, D.C. 20044-0146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RT~CORD FOR.
THE SECRETAHY~f HEALTH AND RESPONDENT:
JHUJMA.NS VICES/,, (kr;rJtr-
L - ~~--
NARr\ YAN , R, M.D. COLLEEN C. HARTLl:Y
Director, Division of Trial Allorney
lnjmy Compensation Programs (DICP) Torts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. 13ox 146
and Human Services Benjamin Franklin Station
5600 Fishers Lune Washington, D.C. 20044-0146
Park lawn Building, Stop-08N I4 6B Tel: (202) 616-3644
Rockville, MD 20857
Dated:
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