VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00133 Package ID: USCOURTS-cofc-1_19-vv-00133 Petitioner: Sueann Staskewicz Filed: 2019-01-28 Decided: 2020-10-05 Vaccine: influenza Vaccination date: 2017-09-26 Condition: shoulder injury related to vaccine administration (SIRVA) and brachial neuritis Outcome: compensated Award amount USD: 22500 AI-assisted case summary: Sueann Staskewicz filed a petition for compensation under the National Vaccine Injury Compensation Program on January 28, 2019. She alleged that an influenza vaccination administered on September 26, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA) and brachial neuritis. The respondent, the Secretary of Health and Human Services, denied that Ms. Staskewicz sustained a SIRVA Table injury or brachial neuritis, and denied that the vaccine caused her alleged injuries or that her current condition was a sequela of a vaccine-related injury. The parties subsequently filed a joint stipulation on September 2, 2020, agreeing to an award of compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Ms. Staskewicz was awarded a lump sum of $22,500.00, payable to her, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice. Theory of causation field: Petitioner Sueann Staskewicz alleged that an influenza vaccine administered on September 26, 2017, caused Shoulder Injury Related to Vaccine Administration (SIRVA) and brachial neuritis. Respondent denied these claims. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $22,500.00. The public decision does not specify the theory of causation beyond the "Table" category for SIRVA, nor does it name any medical experts or detail the mechanism of injury. Petitioner was represented by Bridget Candace McCullough, and respondent by Colleen Clemons Hartley. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00133-0 Date issued/filed: 2020-10-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/03/2020) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-133V UNPUBLISHED SUEANN STASKEWICZ, Chief Special Master Corcoran Petitioner, Filed: September 3, 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) Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for petitioner. Colleen Clemons Hartley, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On January 28, 2019, Sueann Staskewicz 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”) and brachial neuritis caused by an influenza (“flu”) vaccination administered on September 26, 2017. Petition at 1; Stipulation, filed at September 2, 2020, ¶¶ 1, 2. Petitioner further alleges that the flu vaccine was administered within the United States, that she experienced the residual effects of this condition 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 5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury or brachial neuritis; denies that the vaccine caused [P]etitioner’s alleged shoulder injuries, or any other injury; and denies that her current condition is a sequalae of a vaccine-related injury.” 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 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 2 of 7 Nevertheless, on September 2, 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 $22,500.00 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 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 3 of 7 Case 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 4 of 7 Case 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 5 of 7 Case 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 6 of 7 Case 1:19-vv-00133-UNJ Document 35 Filed 10/05/20 Page 7 of 7