VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00292
Package ID: USCOURTS-cofc-1_20-vv-00292
Petitioner: Shari Hartley
Filed: 2020-03-16
Decided: 2022-09-09
Vaccine: influenza
Vaccination date: 2018-10-02
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 101255

AI-assisted case summary:
Shari Hartley filed a petition on March 16, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2018. She stated the vaccine was administered in the United States, her pain lasted longer than six months, and she had not received prior compensation for this injury. Respondent denied that the flu vaccine caused her SIRVA or any other injury. Despite these differing positions, the parties filed a joint stipulation on August 10, 2022, agreeing to settle the case. The decision awards Shari Hartley $101,255.72 as compensation for all damages. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The parties agreed to further proceedings for attorneys' fees and costs. Petitioner released the United States from all claims related to the flu vaccination in exchange for the compensation.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00292-0
Date issued/filed: 2022-09-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/10/2022) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00292-UNJ Document 45 Filed 09/09/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0292V
UNPUBLISHED
SHARI HARTLEY, Chief Special Master Corcoran
Petitioner, Filed: August 10, 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.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On March 16, 2020, Shari Hartley 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 shesuffered aleft shoulder injury related to vaccine
administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on October
2, 2018. Petition at 1; Stipulation, filed August 10, 2022, at ¶¶ 2-4. Petitioner further
alleges the vaccine was received in the United States, her pain has lasted longer than six
months, and neither Petitioner nor any other party has ever received compensation in the
form of an award or settlement for her vaccine-related injury. Petition at ¶¶ 1, 11-12;
Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA injury within
the Table time period, and further denies that the flu vaccine caused petitioner to suffer 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.
2National 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-00292-UNJ Document 45 Filed 09/09/22 Page 2 of 7
Nevertheless, on August 10, 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 mydecision 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 $101,255.72 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-00292-UNJ Document 45 Filed 09/09/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
* * * * * * * * * * * * * * * * * * * * *
>I< >I< >I< >I< >I< >I< >I< >I<
SHARI HARTLEY, *
>I<
Petitioner, *
*
V. * No. 20-292V (ECF)
>I< CHIEF SPECIAL MASTER
>I< BRIAN H. CORCORAN
SECRET ARY OF HEALTH >I<
AND HUMAN SERVICES, >I<
>I<
Respondent. *
* * * * * * * * * * * * * * * * * * * * * *
>I< >I< >I< >I< >I< >I< >I<
STIPULATION
The parties hereby stipulate to the following matters:
l. Shari Hartley, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l Oto -34 (the "Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of an
influenza ("flu") vaccine, 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 2, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from a left shoulder injury related to vaccination
administration ("SlRV A") as a result of receiving the flu vaccine, and suffered the residual
effects of this alleged injury for more than six months.
5. 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 condition.
6. Respondent denies that petitioner sustained a SlRYA injmy within the Table time

Case 1:20-vv-00292-UNJ Document 45 Filed 09/09/22 Page 4 of 7
period, and further denies that the tlu vaccine caused petitioner to suffer a left shoulder injmy or
any other injury or her current condition.
7. Maintaining their above-stated positions, 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 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the ter1J1s of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretary of Health and I luman Services will issue
the following vaccine compensation payment:
A lump sum of$ IO1 ,255.72 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U.S.C. § 300aa-2l(a)(l), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
I 0. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-00292-UNJ Document 45 Filed 09/09/22 Page 5 of 7
l 1. Payment made pursuant to paragraph 8 of this Stipulation an<l any amounts awarded
pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-
15(i), subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursed expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-I5 (a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. ln return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,
docs forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and l luman Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss 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 Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-l Oct seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the t1u vaccination administered on October 2, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about March 16, 2020, in
the United States Court of Federal Claims as petition No. 20-292V.
14. IJ petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:20-vv-00292-UNJ Document 45 Filed 09/09/22 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Jnjury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly 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 injury or condition or in 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 I Juman Services that the flu vaccine caused petitioner to have a left
shoulder injury, or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:20-vv-00292-UNJ Document 45 Filed 09/09/22 Page 7 of 7
Respcctrully ~ub111ittcd.
Pln'ITIONER:
AT'l'OH~EY OF RECORD FOR AUTIIORIZEI> Rl<:PRESENTATl\'E
~PETaITIO~:ER:: . OF THE ATTOR'.\fEY GENERAL:
C· ounscl lor Petitioner I k:p11ly l)ircclor
Law Offices of Leah V. Durant, Pl LC Tons llr:im:h, Civil Division
or
17l7 K Street NW, Suite 900 U.S. Department .Justice
Washington, D.C. 2000(l f'.O Box 14(1
ldurnnt(!L durantllu:orn lknjamin l·rnnkltn Station
\Vnslling.1011, [)(' ~0044-0146
AlJTflORIZED REPRESE~TATIVE ATTORNEY OF RECORl> FOR
OF TIIF. SI::CRETARY OF IIEALTII HESPO~DENT:
AND HU:vtAN SERVlCES:
George R. Grimes - Dl<11t,1l1y i.1grwd hy t,,,.mJt' R
Grlnw, ~It.
514
11,,to lUJJ07 Jl 1/ :) I} 0<00
C'DR GEORC,E Rl:FD {iRIMJ:S, MD. MPII
ur
Dirc1,;hH, Division lnjury T1i al /\ttomcy
Compcnsat ion Programs i'P11s Brandi. Civil Division
l kalth Systems Hurcau U.S. lkpait111cnt ot'Ju~licL'
I lcalth Resources and Sen ice" f' 0. Box 14/i
AJminislration lknjainin Franklin Station
U.S. Department of I Ic alt h and Washington. I)(' 2004•1-0 It i()
11 umnn Services 202-61 (1-•k1:'ih
5600 Fishers Lane, OX 1· 1(,13 I '.m;iil: l)hairya.Janifc1. usdoJ .gnv
:vm
Rockville, 20X57
Dated:
5