VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00297 Package ID: USCOURTS-cofc-1_19-vv-00297 Petitioner: Shelley E. Shlapak Filed: 2020-11-23 Decided: 2021-02-01 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2017-03-21 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Shelley E. Shlapak filed a petition for compensation on November 23, 2020, under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccine administered on March 21, 2017. Petitioner alleged the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that no prior civil action had been filed. Respondent denied that petitioner sustained a SIRVA Table injury or any other injury caused by the vaccine. Nevertheless, on November 18, 2020, the parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. Pursuant to the stipulation, the court awarded a lump sum of $45,000.00 to Petitioner for all items of damages, payable by check to Petitioner. Petitioner's counsel was Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C. Respondent's counsel was Camille Michelle Collett of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Theory of causation field: Petitioner Shelley E. Shlapak alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine on March 21, 2017. Respondent denied the alleged injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $45,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Petitioner was represented by Michael G. McLaren, and Respondent by Camille Michelle Collett. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00297-0 Date issued/filed: 2021-02-01 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/23/2020) regarding 27 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00297-UNJ Document 35 Filed 02/01/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-297V UNPUBLISHED SHELLEY E. SHLAPAK, Chief Special Master Corcoran Petitioner, Filed: November 23, 2020 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN, for petitioner. Camille Michelle Collett, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 25, 2019, Shelley E. Shlapak 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 a pneumococcal conjugate vaccine administered on March 21, 2017. Petition at 1; Stipulation, filed on November 18, 2020, at ¶¶ 1-2, 4. Petitioner further alleges that the vaccine was administered within the United States; that she suffered 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, 7; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury, or any other injury or condition, and further denies that the vaccine caused petitioner’s alleged shoulder 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-00297-UNJ Document 35 Filed 02/01/21 Page 2 of 7 Nevertheless, on November 18, 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 $45,000.00 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 Case 1:19-vv-00297-UNJ Document 35 Filed 02/01/21 Page 3 of 7 Case 1:19-vv-00297-UNJ Document 35 Filed 02/01/21 Page 4 of 7 Case 1:19-vv-00297-UNJ Document 35 Filed 02/01/21 Page 5 of 7 Case 1:19-vv-00297-UNJ Document 35 Filed 02/01/21 Page 6 of 7 Case 1:19-vv-00297-UNJ Document 35 Filed 02/01/21 Page 7 of 7