VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01074 Package ID: USCOURTS-cofc-1_19-vv-01074 Petitioner: Lorri Palka Filed: 2019-07-25 Decided: 2022-09-12 Vaccine: influenza Vaccination date: 2018-10-09 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Lorri Palka filed a petition on July 25, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 9, 2018, and that the injury persisted longer than six months. The respondent denied that Ms. Palka sustained a SIRVA Table injury, denied that the flu 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 these denials, the parties filed a joint stipulation on August 4, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision of the court. Pursuant to the stipulation, Lorri Palka was awarded a lump sum of $25,000.00, payable by check to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to damages. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Ronalda Elnetta Kosh. Theory of causation field: Petitioner Lorri Palka alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 9, 2018, with persistence longer than six months. Respondent denied a SIRVA Table injury, causation by the flu vaccine, and sequelae. The parties filed a joint stipulation agreeing to compensation. The case proceeded as a Table claim. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $25,000.00 as a lump sum. Petitioner counsel was Leah VaSahnja Durant; Respondent counsel was Ronalda Elnetta Kosh. Decision date was September 12, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01074-0 Date issued/filed: 2022-09-12 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/04/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01074-UNJ Document 40 Filed 09/12/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1074V UNPUBLISHED LORRI PALKA, Chief Special Master Corcoran Petitioner, Filed: August 4, 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) Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 25, 2019, Lorri Palka 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”) from an influenza vaccine she received on October 9, 2018. Petition at ¶1; Stipulation, filed at August 4, 2022, ¶¶ 2, 4. Petitioner further alleges that her vaccine injury has persisted longer than six months. Petition at ¶11; Stipulation at ¶4. Respondent denies that “Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’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. Nevertheless, on August 4, 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. 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-01074-UNJ Document 40 Filed 09/12/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $25,000.00 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 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-01074-UNJ Document 40 Filed 09/12/22 Page 3 of 7 Case 1:19-vv-01074-UNJ Document 40 Filed 09/12/22 Page 4 of 7 Case 1:19-vv-01074-UNJ Document 40 Filed 09/12/22 Page 5 of 7 Case 1:19-vv-01074-UNJ Document 40 Filed 09/12/22 Page 6 of 7 Case 1:19-vv-01074-UNJ Document 40 Filed 09/12/22 Page 7 of 7