VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00838 Package ID: USCOURTS-cofc-1_19-vv-00838 Petitioner: Janet Yanchak Holick Filed: 2019-06-07 Decided: 2022-07-21 Vaccine: influenza Vaccination date: 2016-11-10 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45300 AI-assisted case summary: Janet Yanchak Holick filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 10, 2016. She stated that she received the vaccine in the United States, that she suffered residual effects for more than six months, and that no civil action or prior compensation had been sought for her alleged SIRVA. Respondent denied that Petitioner 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 the denial, the parties filed a joint stipulation on June 17, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Janet Yanchak Holick was awarded a lump sum of $45,300.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00838-0 Date issued/filed: 2022-07-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/17/2022) regarding 44 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00838-UNJ Document 50 Filed 07/21/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0838V UNPUBLISHED JANET YANCHAK HOLICK, Chief Special Master Corcoran Petitioner, Filed: June 17, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND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) Bruce William Slane, Law Office of Bruce W. Slane, P.C., White Plains, NY, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 7, 2019, Janet Yanchak Holick 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”), a defined Table injury, after receiving an influenza vaccine on November 10, 2016. Petition at 1, ¶¶ 2, 31-32; Stipulation, filed at June 17, 2022, ¶¶ 1-2, 4. Petitioner further alleges 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 alleged SIRVA. Petition at ¶¶ 2, 33-35; 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00838-UNJ Document 50 Filed 07/21/22 Page 2 of 7 Nevertheless, on June 17, 2022, 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 $45,300.00 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 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-00838-UNJ Document 50 Filed 07/21/22 Page 3 of 7 Case 1:19-vv-00838-UNJ Document 50 Filed 07/21/22 Page 4 of 7 Case 1:19-vv-00838-UNJ Document 50 Filed 07/21/22 Page 5 of 7 Case 1:19-vv-00838-UNJ Document 50 Filed 07/21/22 Page 6 of 7 Case 1:19-vv-00838-UNJ Document 50 Filed 07/21/22 Page 7 of 7