VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00103 Package ID: USCOURTS-cofc-1_20-vv-00103 Petitioner: Schantel Purvis Filed: 2020-01-30 Decided: 2022-12-15 Vaccine: influenza Vaccination date: 2017-10-29 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 24000 AI-assisted case summary: Schantel Purvis filed a petition on January 30, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2017, and that the injury lasted more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, that the vaccine caused her injury, or that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 14, 2022, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms. Purvis was awarded $24,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on December 15, 2022. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP. Respondent was represented by Steven Santayana of the U.S. Department of Justice. Theory of causation field: Petitioner Schantel Purvis received an influenza vaccine on October 29, 2017, and alleged a left shoulder injury related to vaccine administration (SIRVA) that lasted more than six months. Respondent denied a SIRVA Table injury, causation, or that the current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding $24,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not detail the specific medical mechanism or expert opinions, but acknowledges the injury is alleged to be a SIRVA Table injury. Petitioner was represented by Laura Levenberg, and Respondent by Steven Santayana. Chief Special Master Brian H. Corcoran issued the decision on December 15, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00103-0 Date issued/filed: 2022-12-15 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/14/2022) regarding 57 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0103V UNPUBLISHED SCHANTEL PURVIS, Chief Special Master Corcoran Petitioner, Filed: November 14, 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) Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Steven Santayana, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 30, 2020, Schantel Purvis 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”) a a result of an influenza vaccination she received on October 29, 2017. Petition at 1; Stipulation, filed at November 14, 2022, ¶¶ 2, 4. Petitioner further alleges that her injury last more than six months. Petition at ¶8; Stipulation at ¶4. Respondent denies “denies that Petitioner sustained a SIRVA Table injury denies that the vaccine caused Petitioner’s alleged shoulder injury or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on November 14, 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 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $24,000.00 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 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 3 of 7 IN THE UNITED STATF.S COURT OF FEDERAL CLAIMS OFFICE 011' SPECIAL MASTERS ) SCIIANTEL PURVIS, ) ) Petitioner, ) ) No.20-lOJV v. ) Chief SpecJal Master Corooran ) BCF SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION partit:5 The hereby sdpulate to the following matters: . ,r \ 1. Scbantel Purvis ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-1O to 34 (1he 1'Vaccine Program"). The petition seeks compensation for an injury allegedly related to petitioner's receipt ,p I of the influenza ("flu") vacc~ which is a.vaccine contained in the Vaccine Injury Table (the ''Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu vaccine on October 29, 2017, in her left ann. I', 3. The vaccination was admlnlstered within the United States. 4. Petitioner alleges that she sustained a left shoulder injury related to vaccine administration ("SIRVA") within the Table time period after receiving the flu vaccine, that the ' ' flu vaccine was the cause-in-fact of her alleged left shoulder injury, and that she experienced the ., residual effects oft his condition for more than six months. I• S. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injury. 1 Scanned with CamScanner Case 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 4 of 7 6. R-i,ondtnt den.I., that petftlooe.r ,u1taJntd a SJRVA Table inju,y; denies that the vaccine caused petitioner's alleged shoulder fnjmy or any other Injury; and denies chat her CUl'rent condition is a sequela of a vaccine-related htjury. 7. Maintaining their above-stated posldons, the parties nevertheless now agree that the issues between them shall be settled and that a decision should be entered awarding the compensation described in paragraph 8 oft hfs Stipu.latfon, 8. As soon a., practicable after an entry ofj udgment reflecting a decision tonsistent with the terms oft his Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)(l), the Secretary ofH ealth and Human • I Services will issue the following vaccine compensation payment; t A lump sum of S24,000.00 in the form of a check payable to petitioner. This amount .. ' I•!( f ' represents compensation for all damages that would be available under 42 U.S.C. § 300aa-1 S(a ). • '•' r · 9. As soon as practicable after the entry of.Judgment on eodtlement m l his case, and I after petitioner has filed both a proper and timely election to receive compensation punuant to . ,. . ' 42 U.S.C. § 300aa-21(a)(l), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incuned in proceeding upon this petition. · IO. Petitioner and her attorney represent that compensation to be provided pursuant to • f '" .,, this Stipulation is not for any ·items or services for which the Program is not primarily liable , ;• • , 0l ? ., .(1 1 under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be • t I ~ any expected to be' made under State compensation programs, insurance polici~s, Fede~ or . ' . ~tate health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. I § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Scanned with CamScanner Case 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 5 of 7 11. Payment made pursuant to paragraph 8 ofthfs Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made In accordance with 42 U.S.C. § 300aa-1 S(i), subject to the availability of sufficient statutory funds, 12. •T he parties and their attomeys,fu.rther asree·a nd stipulate that, except for any award for attorneys' fees and litigation costs, and past unieimbursable expenses, the money provided.pursuant tb this Stipulation will be used solely for the benefit ofp etitioner as contemplated by a strict'construction of 42 U.S.C. § 300aa-1S(a) and (d), and subject to the , .. conditions of 42 U.S.C. § 300aa-15(g) and (h). ..- r . 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her on individual capacity, and behalf of her heirs, executors; administrators, successors or assigns, does forever irrevocably and unconditionally release,acquit, and discbarge1he United States and 1 the Secretary of Health and Human Services from any and all actions or aauses of action (including agreements, judgments, claims; damages,•l oss of services, expenses and all demands of whatever kind or nature) that have been brought, could have been-brought, or could be timely brought in the CourtofFedetal Claims, under the National Vaccine Injury Compensation : 'Program, 42 U.S.C. § 300aa-10 et seq.', on account o~ or in'any way growing out,of, any and all known or unknown, suspmed or unsuspected personal injuries to or death of petitioner resulting, from, or alleged to have resulted :from, the flu vaccination adminis1ered on October 29, 2017, as alleged by petitioner in a petition for vaccine compensation filed on or about January 30, 2020, in the United States Court of Federal Claims as petition 20-103V. · f ' 14. If petitioner should die prior to entry ofj udgment, this agreement sbaU be voidable upon proper notice to the Court on behalf of either or both of the parties. 3 Scanned with CamScanner Case 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 6 of 7 15. If the speeial master filils to Issue a dccfsfon in complete conformity with the tenns of this Stipulation or if the Court of Federal Claims falls to enter judgment in c:onfonnity with a decislon that is in complete confonnity with the terms of this-Stipulation, then the parties' settlement and thi,s Stipulation shall be voidable at the sole discretion of either patty. 16. This Stipulation expresses a full and complete negotiited settlement of liability and damages claimed under the National Ghlldhood Vaccine Injury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of, the patties hereto to make any payment or to do any act or thing other than is herein ex.pies.sly stated and clearly agreed·to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions.as to liability and/or amount of damages, and further, that a change in the nature of the btjury or condition or jn the items of compensation sought, is not grounds to modify or revise this agreement. · , · 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA, or any other injury, or .her cummt condition. .-: .i, 18. AJlrights and obligations ofp etitioner.hereunder.shall apply equally to petitioner's heirs,,.executors, administrators, successors, and/or assigns. , ,END 011' STIPULATION ' , 't 4 Scanned with CamScanner Case 1:20-vv-00103-UNJ Document 61 Filed 12/15/22 Page 7 of 7 Respectfully submitted, PETITIONER: A1TORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ~~ LAURAJ.LEVENBERG HEATHER L. PEARLMAN Muller Brazil, LLP Deputy Director 715 Twining Road, Suite208 Torts Branch Dresher, PA 19025 Civil Division TeJ: 215-88S-1655 U.S.DepartmentofJustice paul@myyaccinelaW)'er.com P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRET ARY OF HEAL TH RESPONDENT: AND HUMAN SERVICES: George R. ..,...,,