VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01053 Package ID: USCOURTS-cofc-1_19-vv-01053 Petitioner: Karen Yaeck Filed: 2019-09-23 Decided: 2021-10-27 Vaccine: influenza Vaccination date: 2017-10-13 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 100000 AI-assisted case summary: Karen Yaeck filed a petition for compensation under the National Vaccine Injury Compensation Program on September 23, 2019, alleging she suffered a Table injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of her influenza vaccination on October 13, 2017. She asserted that the vaccine was administered in the United States, that her injury resulted in residual effects lasting more than six months, and that she had not received any prior award or settlement for this injury. Respondent, the Secretary of Health and Human Services, initially denied that Petitioner sustained a Table SIRVA injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the initial denial, the parties filed a joint stipulation on September 21, 2021, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Pursuant to the stipulation, Karen Yaeck was awarded a lump sum of $100,000.00, 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-01053-0 Date issued/filed: 2021-10-27 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/23/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01053-UNJ Document 34 Filed 10/27/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1053V UNPUBLISHED KAREN YAECK, Chief Special Master Corcoran Petitioner, Filed: September 23, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 22, 2019, Karen Yaeck 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 she suffered a Table injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of her October 13, 2017 influneza (“flu”) vaccination. Petition at 1; see Stipulation, filed September 21, 2021, ¶¶ 1-2,4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3, 4-5; see Petition at ¶¶ 2, 19-21. “Respondent denies that [P]etitioner sustained a Table SIRVA injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injuries; or any other injury; and denies that her current condition is a sequela 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-01053-UNJ Document 34 Filed 10/27/21 Page 2 of 7 Nevertheless, on September 21, 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 $100,000.00 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-01053-UNJ Document 34 Filed 10/27/21 Page 3 of 7 Case 1:19-vv-01053-UNJ Document 34 Filed 10/27/21 Page 4 of 7 Case 1:19-vv-01053-UNJ Document 34 Filed 10/27/21 Page 5 of 7 Case 1:19-vv-01053-UNJ Document 34 Filed 10/27/21 Page 6 of 7 Case 1:19-vv-01053-UNJ Document 34 Filed 10/27/21 Page 7 of 7