VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00918 Package ID: USCOURTS-cofc-1_19-vv-00918 Petitioner: Laura Zalewski Filed: 2021-02-19 Decided: 2021-03-22 Vaccine: influenza Vaccination date: 2016-10-12 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 29054 AI-assisted case summary: Laura Zalewski filed a petition for compensation under the National Vaccine Injury Compensation Program on February 19, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 12, 2016. Ms. Zalewski stated that the vaccination occurred in the United States and that she experienced residual effects of her injury for more than six months, with no prior civil action for damages. Respondent denied that Ms. Zalewski suffered a SIRVA Table injury or that the flu vaccine caused her condition. Despite the denial, the parties filed a joint stipulation on February 17, 2021, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Ms. Zalewski was awarded a lump sum of $29,053.92, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The court directed that judgment be entered in accordance with this decision. Theory of causation field: unclear Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00918-0 Date issued/filed: 2021-03-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/19/2021) regarding 31 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00918-UNJ Document 35 Filed 03/22/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-918V UNPUBLISHED LAURA ZALEWSKI, Chief Special Master Corcoran Petitioner, Filed: February 19, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Edward M. Kraus, Law Offices of Chicago Kent, Chicago, IL, for petitioner. Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On June 24, 2019, Laura Zalewski 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” following an influenza (“flu”) vaccine administered on October 12, 2016. Petition at 1; Stipulation, filed at February 17, 2021, ¶¶ 1, 4. Petitioner further alleges that the vaccination was administered within the United States, that she experienced 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, 5; Stipulation at ¶¶ 3-5. “Respondent denies that Petitioner suffered a SIRVA Table injury, and denies that the flu vaccine caused Petitioner to suffer from a left shoulder injury or 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-00918-UNJ Document 35 Filed 03/22/21 Page 2 of 7 Nevertheless, on February 17, 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 $29,053.92 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-00918-UNJ Document 35 Filed 03/22/21 Page 3 of 7 Case 1:19-vv-00918-UNJ Document 35 Filed 03/22/21 Page 4 of 7 Case 1:19-vv-00918-UNJ Document 35 Filed 03/22/21 Page 5 of 7 Case 1:19-vv-00918-UNJ Document 35 Filed 03/22/21 Page 6 of 7 Case 1:19-vv-00918-UNJ Document 35 Filed 03/22/21 Page 7 of 7