VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01630
Package ID: USCOURTS-cofc-1_18-vv-01630
Petitioner: Glenda Lee Stewart
Filed: 2018-10-23
Decided: 2019-12-26
Vaccine: influenza
Vaccination date: 2017-11-27
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 81355

AI-assisted case summary:
Glenda Lee Stewart filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving the influenza vaccine on November 27, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 18, 2019, conceding that petitioner suffered a Table SIRVA and that no other causes for the injury were identified. The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 18, 2019, finding Ms. Stewart entitled to compensation. Subsequently, on November 6, 2019, the respondent filed a proffer on the award of compensation. The proffer indicated that the petitioner should be awarded $81,355.96, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). The petitioner agreed to this proffered award. Chief Special Master Corcoran accepted the proffer and awarded Ms. Stewart a lump sum payment of $81,355.96, payable by check to her. The decision noted that Ms. Stewart is a competent adult and evidence of guardianship was not required. Judgment was entered on December 26, 2019. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Glenda Lee Stewart alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 27, 2017. The respondent conceded that petitioner suffered a Table SIRVA and that no other causes were identified, satisfying the six-month sequela requirement. The case was decided based on this concession. Chief Special Master Brian H. Corcoran ruled on entitlement on October 18, 2019, and subsequently awarded a lump sum of $81,355.96 on December 26, 2019, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Jimmy A. Zgheib, and respondent by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_18-vv-01630-0
Date issued/filed: 2019-12-20
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 10/18/2019) regarding 28 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01630-UNJ Document 39 Filed 12/20/19 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1630V
Filed: October 18, 2019
UNPUBLISHED
GLENDA LEE STEWART,
Petitioner, Special Processing Unit (SPU);
v. Ruling on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;
SECRETARY OF HEALTH AND Shoulder Injury Related to Vaccine
HUMAN SERVICES, Administration (SIRVA)
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
Corcoran, Chief Special Master:
On October 23, 2018, 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) after receiving the influenza vaccine on November 27,
2017. Petition at 1. The case was assigned to the Special Processing Unit of the Office
of Special Masters.
1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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).
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-01630-UNJ Document 39 Filed 12/20/19 Page 2 of 2
On October 18, 2019, respondent filed his Rule 4(c) report in which he concedes
that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, respondent acknowledges that “petitioner suffered a Table SIRVA”
and that “no other causes for petitioner’s SIRVA [are] identified.” Id. at 6. Respondent
further agrees that “the statutory six month sequela requirement has been satisfied.” Id.
In view of respondent’s position and the evidence of record, I find that
petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_18-vv-01630-1
Date issued/filed: 2019-12-26
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 11/06/2019) regarding 33 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:18-vv-01630-UNJ Document 40 Filed 12/26/19 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 18-1630V
Filed: November 6, 2019
UNPUBLISHED
GLENDA LEE STEWART,
Petitioner,
Special Processing Unit (SPU);
v.
Damages Decision Based on Proffer;
Influenza (Flu) Vaccine; Shoulder
SECRETARY OF HEALTH AND
Injury Related to Vaccine
HUMAN SERVICES,
Administration (SIRVA)
Respondent.
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
Corcoran, Chief Special Master:
On October 23, 2018, 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 Shoulder Injury Related to Vaccine
Administration (SIRVA) after receiving the influenza vaccine on November 27, 2017.
Petition at 1. The case was assigned to the Special Processing Unit of the Office of
Special Masters.
On October 18, 2019, a ruling on entitlement was issued, finding petitioner
entitled to compensation for SIRVA. On November 6, 2019, respondent filed a proffer
on award of compensation (“Proffer”) indicating petitioner should be awarded
$81,355.96. Proffer at 1. In the Proffer, respondent represented that petitioner agrees
1 I intend to post this decision on the United States Court of Federal Claims' website. 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. 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).
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-01630-UNJ Document 40 Filed 12/26/19 Page 2 of 4
with the proffered award. Id. Based on the record as a whole, I find that petitioner is
entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award petitioner a lump
sum payment of $81,355.96 in the form of a check payable to petitioner, Glenda
Lee Stewart. This amount represents compensation for all damages that would be
available under § 15(a).
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-01630-UNJ Document 40 Filed 12/26/19 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
GLENDA LEE STEWART, )
)
Petitioner, )
)
v. ) No. 18-1630V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On October 18, 2019, respondent filed a Vaccine Rule 4(c) report concluding that
petitioner suffered a Shoulder Injury Related to Vaccine Administration within the Table
timeframe following an influenza vaccination, and conceding petitioner’s entitlement to
compensation under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C.
§§300aa-10 to -34. Accordingly, on October 18, 2019, the Chief Special Master issued a Ruling
on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $81,355.96. This amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.

Case 1:18-vv-01630-UNJ Document 40 Filed 12/26/19 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $81,355.96 in the form of a check payable to petitioner.1 This
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
GABRIELLE FIELDING
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: November 6, 2019
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.
2