VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01557 Package ID: USCOURTS-cofc-1_18-vv-01557 Petitioner: Jennifer Schlata Filed: 2020-08-27 Decided: 2020-09-30 Vaccine: influenza Vaccination date: 2015-10-16 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 17500 AI-assisted case summary: On October 9, 2018, Jennifer Schlata filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 16, 2015. Petitioner stated that the vaccine was administered within the United States, that she experienced residual effects of her alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that petitioner sustained a SIRVA Table injury and denied that the alleged shoulder injury or any other injury was caused by the flu vaccine. Despite the respondent's denial, on August 27, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Pursuant to the stipulation, Jennifer Schlata was awarded a lump sum of $17,500.00, payable by check to Petitioner, as compensation for all items of damages. The decision was issued on September 30, 2020. Petitioner was represented by Jeffrey A. Golvash of Golvash & Epstein, LLC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury or expert testimony regarding causation is not detailed in the public decision. Theory of causation field: Jennifer Schlata filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 16, 2015. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation on August 27, 2020, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $17,500.00 for all damages. The public decision does not detail the specific theory of causation, expert testimony, or the mechanism of injury. The award was based on a joint stipulation between the petitioner, Jennifer Schlata (represented by Jeffrey A. Golvash), and the respondent, Secretary of Health and Human Services (represented by Althea Walker Davis), and was decided on September 30, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01557-0 Date issued/filed: 2020-09-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/27/2020) regarding 38 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1557V UNPUBLISHED JENNIFER SCHLATA, Chief Special Master Corcoran Petitioner, Filed: August 27, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Jeffrey A. Golvash, Golvash & Epstein, LLC, Pittsburgh, PA, for petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On October 9, 2018, Jennifer Schlata 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 an influenza (“flu”) vaccine administered on October 16, 2015. Petition at 1; Stipulation, filed on August 27, 2020, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered within the United States; that she experienced the residual effects of her alleged injury for more than six months; and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-2, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury, and further denies that petitioner’s alleged shoulder injury or any other injury or condition, was caused by her receipt of the flu vaccine.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required 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). This means the decision will be available to anyone with access to the internet. 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, I agree that the identified material fits within this definition, I 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 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 2 of 7 Nevertheless, on August 27, 2020, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $17,500.00 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 Section 15(a). Id. I approve 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/Brian H. Corcoran Brian H. Corcoran 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 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 3 of 7 Case 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 4 of 7 Case 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 5 of 7 Case 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 6 of 7 Case 1:18-vv-01557-UNJ Document 42 Filed 09/30/20 Page 7 of 7