VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00500
Package ID: USCOURTS-cofc-1_17-vv-00500
Petitioner: Blanche Berkowitz
Filed: 2017-04-10
Decided: 2018-05-17
Vaccine: pneumococcal conjugate
Vaccination date: 2015-10-21
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Blanche Berkowitz filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her pneumococcal conjugate (Prevnar 13) vaccination on October 21, 2015. Ms. Berkowitz stated that the vaccination occurred in the United States, that the effects of her injury lasted more than six months, and that she had not filed any prior civil action for damages. The respondent denied that the Prevnar 13 vaccination caused petitioner's alleged SIRVA or any other injury. Nevertheless, on March 15, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ms. Berkowitz was awarded a lump sum of $30,000.00 in compensation for all items of damages. Petitioner was represented by Nancy Routh Meyers of Ward Black Law, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice. The decision was issued on May 17, 2018.

Theory of causation field:
Petitioner Blanche Berkowitz alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following a pneumococcal conjugate (Prevnar 13) vaccination on October 21, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The case was resolved via stipulation, with a lump sum award of $30,000.00 for all damages. Chief Special Master Nora Beth Dorsey issued the decision on May 17, 2018. Petitioner's counsel was Nancy Routh Meyers, and respondent's counsel was Claudia Barnes Gangi. The theory of causation was based on the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_17-vv-00500-0
Date issued/filed: 2018-05-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 3/16/2018) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Nora Beth Dorsey. (rp) Service on parties made.
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Case 1:17-vv-00500-UNJ Document 44 Filed 05/17/18 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 17-500V
Filed: March 16, 2018
UNPUBLISHED
BLANCHE BERKOWITZ,
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.
Nancy Routh Meyers, Ward Black Law, Greensboro, NC, for petitioner.
Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On April 10, 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 October 21, 2015 pneumococcal conjugate
(“Prevnar 13”) vaccination. Petition at 1-3; Stipulation, filed March 15, 2018, at ¶¶ 2, 4.
Petitioner further alleges that she received her vaccination in the United States, that she
suffered the effects of her injury for more than six months, and that “there has been no
prior award or settlement of a civil action for damages as a result of her alleged vaccine
injury.” Stipulation at ¶¶ 3-5; see Petition at ¶¶ 10, 12-13. “Respondent denies that the
Prevnar 13 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-00500-UNJ Document 44 Filed 05/17/18 Page 2 of 7
Nevertheless, on March 15, 2018, 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 $30,000.00 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

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