VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01633 Package ID: USCOURTS-cofc-1_19-vv-01633 Petitioner: Melissa Kirit Filed: 2021-10-26 Decided: 2021-11-30 Vaccine: influenza Vaccination date: 2017-11-06 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 20000 AI-assisted case summary: Melissa Kirit filed a petition for compensation under the National Vaccine Injury Compensation Program on October 26, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 6, 2017, and that she experienced residual effects for more than six months. The respondent denied that Ms. Kirit sustained a SIRVA Table injury and denied that her alleged shoulder injury or any other condition was caused by the flu vaccine. Despite these denials, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms. Kirit was awarded a lump sum of $20,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Petitioner was represented by Jeffrey A. Golvash of Golvash & Epstein, LLC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice. Theory of causation field: Petitioner Melissa Kirit alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 6, 2017, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for compensation. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the agreement to compensate. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $20,000.00 for all damages under Section 15(a). Petitioner's counsel was Jeffrey A. Golvash, and respondent's counsel was Althea Walker Davis. The decision date was November 30, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01633-0 Date issued/filed: 2021-11-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/26/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01633-UNJ Document 40 Filed 11/30/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1633V UNPUBLISHED MELISSA KIRIT, Chief Special Master Corcoran Petitioner, Filed: October 26, 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) Jeffrey A. Golvash, Golvash & Epstein, LLC, Pittsburg, PA 15227, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 21, 2019, Melissa Kirit 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”) as a result of an influenza (“flu”) vaccine she received on November 6, 2017. Petition at 1 (Preamble); Stipulation, filed at October 26, 2021, ¶¶ 1- 2, 4. Petitioner further alleges that she suffered the residual effects of this alleged injury for more than six months. Petition at ¶ 10; Stipulation at ¶ 4. Respondent denies that petitioner sustained a SIRVA Table injury, and further denies that petitioner’s alleged shoulder injury or any other injury or condition, was caused by her receipt of the flu vaccine.” Stipulation at ¶ 6. Nevertheless, on October 26, 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. 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-01633-UNJ Document 40 Filed 11/30/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $20,000.00, 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-01633-UNJ Document 40 Filed 11/30/21 Page 3 of 7 Case 1:19-vv-01633-UNJ Document 40 Filed 11/30/21 Page 4 of 7 Case 1:19-vv-01633-UNJ Document 40 Filed 11/30/21 Page 5 of 7 Case 1:19-vv-01633-UNJ Document 40 Filed 11/30/21 Page 6 of 7 Case 1:19-vv-01633-UNJ Document 40 Filed 11/30/21 Page 7 of 7