VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00306 Package ID: USCOURTS-cofc-1_17-vv-00306 Petitioner: Yvonne Shawgo Filed: 2017-09-26 Decided: 2018-02-08 Vaccine: influenza Vaccination date: 2015-09-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 95000 AI-assisted case summary: Yvonne Shawgo filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2017, on behalf of herself. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 15, 2015, influenza vaccination. Ms. Shawgo further alleged that she suffered residual effects from the injury for more than six months and that she had not received a prior award or settlement for this injury. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Ms. Shawgo's alleged SIRVA or any other injury. Despite the denial, on September 26, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision. Ms. Shawgo was awarded a lump sum of $95,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on February 8, 2018. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. Theory of causation field: Petitioner Yvonne Shawgo alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 15, 2015. The respondent denied causation. The parties filed a joint stipulation on September 26, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the Court's decision. Petitioner was awarded $95,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was made pursuant to a stipulation. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00306-0 Date issued/filed: 2018-02-08 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 9/26/2017) regarding 30 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-306V Filed: September 26, 2017 UNPUBLISHED YVONNE SHAWGO, Special Processing Unit (SPU); Joint Stipulation on Damages; Influenza Petitioner, (Flu) Vaccine; Shoulder Injury v. Related to Vaccine Administration (SIRVA) SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Joseph Alexander Vuckovich, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Dorsey, Chief Special Master: On March 6, 2017, petitioner 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 her September 15, 2015 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed September 19, 2017, at ¶ 4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months and that there has been no prior award of settlement of a civil action for damages on her behalf as a result of her alleged injury. Petition at 2; Stipulation at ¶¶ 4-5. “Respondent denies that the flu vaccination caused petitioner’s alleged SIRVA or any other injury or her current condition. ” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, the undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 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, the undersigned agrees that the identified material fits within this definition, the undersigned 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 2 of 8 Nevertheless, on September 26, 2017, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, the undersigned awards the following compensation: A lump sum of $95,000.00 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 42 U.S.C. § 300aa-15(a). Id. The undersigned approves the requested amount for petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey 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 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 3 of 8 Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 4 of 8 Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 5 of 8 Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 6 of 8 Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 7 of 8 Case 1:17-vv-00306-UNJ Document 35 Filed 02/08/18 Page 8 of 8