VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00904 Package ID: USCOURTS-cofc-1_17-vv-00904 Petitioner: Jacquelyn M. Will Filed: 2017-07-05 Decided: 2022-06-27 Vaccine: hepatitis B Vaccination date: 2014-07-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 475000 AI-assisted case summary: On July 5, 2017, Jacquelyn M. Will filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms. Will alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a hepatitis B vaccine on July 7, 2014. The respondent, the Secretary of Health and Human Services, denied that Ms. Will sustained a SIRVA Table injury and denied that the hepatitis B vaccine caused her shoulder injury or its residual effects. Despite the contested nature of the claim, the parties reached a settlement agreement. On June 1, 2022, they filed a joint stipulation for compensation. As part of the stipulation, the respondent agreed to pay Ms. Will a lump sum of $475,000.00, representing compensation for all damages available under the program. Special Master Mindy Michaels Roth adopted the parties' stipulation and directed that judgment be entered in accordance with the decision. The case was resolved via this joint stipulation for compensation. The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Edward Kraus, Esq., and respondent was represented by Adriana Teitel, Esq. Theory of causation field: Petitioner Jacquelyn M. Will alleged a shoulder injury related to vaccine administration (SIRVA) following a hepatitis B vaccination on July 7, 2014. The respondent denied a SIRVA Table injury and causation. The parties reached a settlement, and a joint stipulation for compensation was filed on June 1, 2022. The Special Master adopted the stipulation. The respondent agreed to pay a lump sum of $475,000.00 to petitioner. The public decision states the theory of causation was a "Table" injury, but does not provide further details on the specific mechanism, expert testimony, or the evidence considered in reaching the settlement. The Special Master was Mindy Michaels Roth. Petitioner's counsel was Edward Kraus, Esq., and respondent's counsel was Adriana Teitel, Esq. The decision date was June 27, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_17-vv-00904-0 Date issued/filed: 2022-06-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 6/1/2022) regarding 91 DECISION Stipulation. Signed by Special Master Mindy Michaels Roth. (msg) Service on parties made. -------------------------------------------------------------------------------- Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 17-904V Filed: June 1, 2022 * * * * * * * * * * * * * JACQUELYN M. WILL, * UNPUBLISHED * Petitioner, * Decision on Joint Stipulation; * Shoulder Injury Related to v. * Vaccine Administration * (“SIRVA”); Hepatitis B SECRETARY OF HEALTH * Vaccine. AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * Edward Kraus, Esq., Kraus Law Group, LLC, Chicago, IL, for petitioner. Adriana Teitel, Esq., US Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 Roth, Special Master: On July 5, 2017, Jacquelyn M. Will [“Ms. Will” or “petitioner”] filed a petition for compensation under the National Vaccine Injury Compensation Program.2 Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) after receiving a hepatitis B vaccine on July 7, 2014. Stipulation, filed June 1, 2022, at ¶¶ 1-4. Respondent denies that petitioner sustained a SIRVA Table injury and denies that the hepatitis B vaccine caused 1 Although this Decision has been formally designated “unpublished,” it will nevertheless be posted on the Court of Federal Claims’s website, in accordance with the E-Government Act of 2002, Pub. L. No. 107- 347, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). This means the Decision will be available to anyone with access to the internet. However, the parties may object to the Decision’s inclusion of certain kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourteen 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). Otherwise, the whole Decision will be available to the public. Id. 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). 1 Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 2 of 7 petitioner’s shoulder injury and its residual effects, any other injury, or her current condition. Stipulation at ¶ 6. Nevertheless, the parties have agreed to settle the case. On June 1, 2022, the parties filed a joint stipulation agreeing to settle this case and describing the settlement terms. Respondent agrees to issue the following payment: A lump sum of $475,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under §300aa- 15(a). I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The clerk of the court is directed to enter judgment in accordance with this decision.3 IT IS SO ORDERED. s/ Mindy Michaels Roth Mindy Michaels Roth Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each party filing a notice renouncing the right to seek review. 2 Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 3 of 7 Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 4 of 7 Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 5 of 7 Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 6 of 7 Case 1:17-vv-00904-UNJ Document 95 Filed 06/27/22 Page 7 of 7