VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00491
Package ID: USCOURTS-cofc-1_17-vv-00491
Petitioner: Yildiz Kochman
Filed: 2017-04-06
Decided: 2018-09-05
Vaccine: Pneumococcal Conjugate Vaccine (Prevnar 13)
Vaccination date: 2015-11-16
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 80000

AI-assisted case summary:
Yildiz Kochman filed a petition for compensation under the National Vaccine Injury Compensation Program on April 6, 2017. She alleged that the Prevnar 13 vaccination she received on November 16, 2015, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied that the immunization caused her alleged SIRVA or any other injury. Nevertheless, on May 3, 2018, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Yildiz Kochman was awarded a lump sum of $80,000.00 as compensation for all items of damages. Petitioner was represented by Curtis R. Webb, and respondent was represented by Traci R. Patton. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received.

Theory of causation field:
Petitioner Yildiz Kochman alleged that the Prevnar 13 vaccine administered on November 16, 2015, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied causation. The parties filed a joint stipulation for compensation, which the Chief Special Master Nora Beth Dorsey adopted. The stipulation resulted in an award of $80,000.00. The theory of causation is based on the "Table" of the Vaccine Injury Compensation Program, indicating a presumed condition under the program's guidelines. No specific medical experts or detailed mechanism of injury were described in the public decision. Petitioner was represented by Curtis R. Webb, and respondent was represented by Traci R. Patton.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00491-0
Date issued/filed: 2018-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/03/2018) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Service on parties made.
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Case 1:17-vv-00491-UNJ Document 37 Filed 09/05/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-491V
Filed: May 3, 2018
UNPUBLISHED
YILDIZ KOCHMAN,
Special Processing Unit (SPU); Joint
Stipulation on Damages;
Petitioner,
Pneumococcal Conjugate Vaccine
v.
(Prevnar 13); Shoulder Injury Related
to Vaccine Administration (SIRVA)
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Curtis R. Webb, Twin Falls, ID, for petitioner.
Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 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 “[t]he Prevnar 13 vaccination that she received on
November 16, 2015 caused her to develop a Shoulder Injury Related to Vaccine
Administration (SIRVA).” Petition at ¶ 2; Stipulation, filed May 3, 2018, at ¶¶ 1-2, 4.
Petitioner further alleges that neither she nor anyone else has filed a civil action or
received a settlement for her injury, alleged as vaccine caused. Petition at ¶¶ 25-26;
Stipulation at ¶ 5. “Respondent denies that the Prevnar 13 immunization is the casue of
petitioner’s alleged SIRVA or any other injury or condition.” Stipulation at ¶ 6.
Nevertheless, on May 3, 2018, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
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-00491-UNJ Document 37 Filed 09/05/18 Page 2 of 7
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 $80,000.00 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 § 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

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