VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00385 Package ID: USCOURTS-cofc-1_20-vv-00385 Petitioner: Kristin Kabanuk Filed: 2020-04-03 Decided: 2022-04-07 Vaccine: influenza Vaccination date: 2019-01-19 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 35000 AI-assisted case summary: Kristin Kabanuk filed a petition for vaccine compensation on April 3, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on January 19, 2019. She stated the vaccine was administered in the United States, the condition had residual effects for more than six months, and there had been no prior award or settlement for this injury. Respondent denied that Ms. Kabanuk sustained a SIRVA Table injury, denied that the vaccine caused her injury, and denied her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on March 1, 2022, agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision, awarding Ms. Kabanuk a lump sum of $35,000.00. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act. The stipulation also noted that further proceedings would occur to award reasonable attorneys' fees and costs. The parties agreed that the compensation provided is not for items or services for which the Program is not primarily liable, and that Ms. Kabanuk, on behalf of herself and her heirs, forever releases the United States and the Secretary of Health and Human Services from all claims related to the flu vaccination administered on January 19, 2019. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00385-0 Date issued/filed: 2022-04-07 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/02/2022) regarding 26 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00385-UNJ Document 30 Filed 04/07/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-385V UNPUBLISHED KRISTIN KABANUK, Chief Special Master Corcoran Petitioner, Filed: March 2, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Zoe Wade, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 3, 2020, Kristin Kabanuk 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 left shoulder injury related to vaccine administration (SIRVA) resulting from the adverse effects of an influenza vaccination she received on January 19, 2019. Petition at 1; Stipulation, filed at March 1, 2022, ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, she experienced the residual effects of this condition for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’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. 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-00385-UNJ Document 30 Filed 04/07/22 Page 2 of 7 Nevertheless, on March 1, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $35,000.00 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-00385-UNJ Document 30 Filed 04/07/22 Page 3 of 7 fl\ THE UNITED STATES COl!RT 01-' FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KRISTI!\: KA8ANUK. Petitioner. No. 20-385\1 ECF ". Chief Spe::L:ial Master ( ·on;nran Sl~CRl..:,TARY OF IIEAI.Tll AND IIUM.1\1\ SERYICl:S. Rc~pondent. STIPllLJ\ TIOi\ The patties hereby -..tipulatc to the follov. . ing. mancr:,;: I. Knstin Kahanuk (''petitioner"). tiled a petition for Yaccinc compensatinn under th.: * ~ational Vaccine Injury Compensation Program. 42 U.S.C. 300aa-IO to :\4 (the ·'Vacc111c Pnigram .. ). The pt.>titiou sc~ks compensation for inJurics allegedly related tn petitioner·:-. ,-..:ccipt of an influenza ("flu") vaccine. which vaccine is contained in the Vaccine Injury Table ( the * ·'Table"). 42 C.F.R. I00J(a) 2. Pditioncr received a llu vaccim: on January 19. 2019. ) The vac1:ine was adminiskrcd within the United States. 4. Petitioner al leg.cs that she -..ustaincd a shoulder injury related t.o vaccine administration ("SIRVA'') following receipt ofthc flu vaccine within the time period sci forth in th..: Tahlc. or in altcrnatin:. that her alleged shouldi.:r injury was caused by the va1:cin~. She further allq!c:-- that she experienced the residual dfcct~ or this condition for more than six months. Case 1:20-vv-00385-UNJ Document 30 Filed 04/07/22 Page 4 of 7 5. Petitioner represents that there has hccn no prior award or settlt'mcnt of :i ci,·il action for damag,:s on her he half as a result of her alleged injury 6. Respondent denies that petitioner sustamcd a SIRVA Table in_jury: denies that lht: vaccine ,.;auscd petitioncr·s alleged shoulckr injury. or any other injury: and dcnic~ that her current condition is a .scquda of a vuceinc-rclutcd injury. 7. Maintaining their ahovc-stalcd positions. the parties ncvc11hele~s no\\' agn:c that the issues between them shall be ~cttlcd. and that a decision should be cntcn:d awardmg the compensation dcs<:rihcd in paragraph 8 of this Stipulation. X. As soon as prac1icahle after an entry of judgment reflecting a decision consistent ,~ 1th the tcnns of this Stipulation, and after petitioner has tiled an election lo n:ceive compensation or pursuant IO 4 2 U.S. C. § 300aa-2 I (a)( I ), the Sccrt:tary I lea Ith and I Ju man SerYiccs wt II i:-sth.' the following. vaccine compensation payment: a. I\ lump sum llf $3S.OOO.OO in the form of a ch,.x:k payable to petitioner. Thi-.; amount represents compensation for all damages that \\ould he a, ailahlc under 42 * U.S.C. 300aa-15(a). ()_ As soon as practicable after the entry of judgment on cntitkment in this ca~c. ,111d after petitioner has tiled hoth a proper and timely election to receive compensation pursuant to 41 * lj.$.C. J00aa-21 (a)( I), and an application. the parties will submit to fu11her proceedings lll·fnrc the c;pccial master to award reasonable attorneys' li.:es and cost-; incurn:d in prncced111µ upon 1h1s petition. I 0. Petitioner and her attorney represent that compensation 1,, be provid1.: L' .'\ C ~ 100aa-15(.1!.) an11 * Program. 42 U.S.C. J00aa-10 et seq., on account ot: or in any way growing out ot: ~111y and all or ~nown or unkt11)\~ n. suspected or unsuspected P'-'rsonal injuries to or