VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00738
Package ID: USCOURTS-cofc-1_19-vv-00738
Petitioner: Sheila Amati
Filed: 2019-05-17
Decided: 2021-07-30
Vaccine: influenza
Vaccination date: 2017-09-29
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 43000

AI-assisted case summary:
Sheila Amati filed a petition for vaccine compensation on May 17, 2019, alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2017. Petitioner claimed the injury met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine. Respondent denied that the vaccine caused her alleged SIRVA or any other injury. The parties, maintaining their respective positions on liability, filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Sheila Amati $43,000.00 in the form of a check payable to Petitioner for pain and suffering. This amount represents compensation for all damages available under the Vaccine Act. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice. The decision was issued on July 30, 2021.

Theory of causation field:
Petitioner Sheila Amati alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2017, claiming it met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine. Respondent denied that the vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation to settle the case, agreeing to an award of $43,000.00 for pain and suffering. The stipulation was adopted by Chief Special Master Brian H. Corcoran on July 30, 2021. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award represents compensation for all damages available under the Vaccine Act, with provisions for future attorneys' fees and costs. Petitioner was represented by Ronald Craig Homer and Respondent by Sarah Christina Duncan.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00738-0
Date issued/filed: 2021-07-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/29/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00738-UNJ Document 40 Filed 07/30/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0738V
UNPUBLISHED
SHEILA AMATI, Chief Special Master Corcoran
Petitioner, Filed: June 29, 2021
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Sarah Christina Duncan, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 17, 2019, Sheila Amati 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 left shoulder injury related to vaccine
administration (“SIRVA”) which meets the Table definition for SIRVA or which, in the
alternative, was caused-in-fact by the influenza vaccine she received on September 29,
2017. Petition at 1, 7; see Stipulation, filed June 29, 2021 at ¶¶ 1-2, 4. Petitioner further
alleges that she received the vaccine in the United States, that she suffered the residual
effects of her SIRVA for more than six months, and that neither she nor any other party
has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 12-14; see
Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury,
denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine,
and denies that the flu vaccine caused [P]etitioner any other injury or her current
condition.” 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-00738-UNJ Document 40 Filed 07/30/21 Page 2 of 7
Nevertheless, on June 29, 2021, 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 $43,000.00 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.
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Case 1:19-vv-00738-UNJ Document 40 Filed 07/30/21 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SHEILA AMA TI, )
)
Petitioner, )
) No. 19-738V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
______Re_sp_ond_en_t. _______ )
)
STIPULATION
The parties hereby stipulate to the following matters:
1. Sheila Amati, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine in her left shoulder on September 29, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and further alleges that
she experienced the residual effects of her injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that

Case 1:19-vv-00738-UNJ Document 40 Filed 07/30/21 Page 4 of 7
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or her current condition.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $43,000.00 for pain and suffering in the form of a check payable
to petitioner. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-l 5(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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Case 1:19-vv-00738-UNJ Document 40 Filed 07/30/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
l 5(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on September 29, 2017,
as alleged by petitioner in a petition for vaccine compensation filed on or about May 17, 2019, in
the United States Court of Federal Claims as petition No. 19-738V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-00738-UNJ Document 40 Filed 07/30/21 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injury or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00738-UNJ Document 40 Filed 07/30/21 Page 7 of 7
Respectfully submitted,
SHEILA AMA Tl
ATTOR!'iEY OF Ri':CORD FOlt AllTHORIZED REPRESENTATIVE
PE O~ER: OF THE ArroRNE\' GE~ERAL:
~ ~ \i..Pf'r-~
I-IEATHER L. PEARLMAN
Conway Homer. P.C. Acting Deputy Director
16 Shawmut Street To11s Branch
Boston, MA 02116 Civil Division
Tel: (617) 695-1990 U.S. Department of Justice
Email: rhomcr(li;,ccandh.com P.O. Rox 146
Hcnjamin 1-'rnnklin Slation
\Vashington. DC 20044-0146
AllTIIORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
01-~ TIIF. SECRETARY OF IIF.ALTII RF.SPONDENT:
AND llllMAN SERVICES:
Pa&~,, V2f~e,; __~ _fif}~
~1.. --·---~--~-·-· ----·--------·
TAMARA OVERBY {) SARAI I C. DUNCAN
Acting Oircclor, Division of Injury Trial Attorney
Compensation Programs Tort:- Branch
Hcnhhcnrc Syslcms Hurcau ('j\,il Division
Health Resources and Service~ U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
und Human Services Washington. OC 20044-0146
5600 Fishers Lane. 08N 14613 Tel: t202) 514-9729
Rockville, MD 20857 Email: sarnh.c.duncan@usdoj.gov
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