VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00252
Package ID: USCOURTS-cofc-1_19-vv-00252
Petitioner: Melanie Ickes
Filed: 2019-02-13
Decided: 2020-10-26
Vaccine: influenza
Vaccination date: 2017-10-23
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 77000

AI-assisted case summary:
Melanie Ickes filed a petition for compensation on February 13, 2019, on behalf of herself, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 23, 2017. Ms. Ickes stated the vaccine was administered in the United States, her condition had residual effects for more than six months, and she had not received prior compensation for this injury. The respondent denied that Ms. Ickes sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 23, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Ms. Ickes a lump sum of $77,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on October 26, 2020. Petitioner's counsel was Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent's counsel was Jennifer Leigh Reynaud of the U.S. Department of Justice.

Theory of causation field:
Petitioner Melanie Ickes alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 23, 2017. The respondent denied that the injury was a SIRVA Table injury or caused by the vaccine. The parties reached a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The decision does not detail the specific mechanism of injury or name any medical experts. The award was a lump sum of $77,000.00 for all damages. The theory of causation relied upon was a Table injury, as indicated by the respondent's denial of a "SIRVA Table injury." The decision date was October 26, 2020. Petitioner's counsel was Jimmy A. Zgheib, and respondent's counsel was Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00252-0
Date issued/filed: 2020-10-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/23/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00252-UNJ Document 31 Filed 10/26/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-252V
UNPUBLISHED
MELANIE ICKES, Chief Special Master Corcoran
Petitioner, Filed: September 23, 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)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On February 13, 2019, Melanie Ickes 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), resulting from the adverse effects of an influenza vaccination
received on October 23, 2017. Petition at 1; Stipulation, filed at September 23, 2020, ¶ 1.
Petitioner further alleges that the vaccine was administered within the United States, that
she experienced the residual effects of her condition for more than six months, and that
neither she nor any other party has ever received compensation in the form of an award
or settlement for her injury. Petition at 1,6; Stipulation at ¶¶ 3-5. “Respondent denies that
[P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s
alleged shoulder injury, or any other injury; and denies that her current condition is a
sequelae 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-00252-UNJ Document 31 Filed 10/26/20 Page 2 of 7
Nevertheless, on September 23, 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 $77,000.00 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 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

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