VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00495 Package ID: USCOURTS-cofc-1_20-vv-00495 Petitioner: Kaitlin Babyak Filed: 2020-04-23 Decided: 2022-03-03 Vaccine: influenza Vaccination date: 2018-01-29 Condition: left Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 45975 AI-assisted case summary: Kaitlin Babyak filed a petition on April 23, 2020, alleging she suffered a Table injury, specifically a left Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of an influenza vaccination on January 29, 2018. She claimed the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had not received a prior award or settlement for this injury. Respondent denied that Petitioner sustained a Table SIRVA injury within the Table time period or that the flu vaccine caused her injury. Despite the denial, the parties filed a joint stipulation on January 25, 2022, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Kaitlin Babyak was awarded a lump sum of $45,975.00, representing compensation for all eligible damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00495-0 Date issued/filed: 2022-03-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/27/2022) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00495-UNJ Document 40 Filed 03/03/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-495V UNPUBLISHED KAITLIN BABYAK, Chief Special Master Corcoran Petitioner, Filed: January 27, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 23, 2020, Kaitlin Babyak 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 Table injury – a left Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of an influneza (“flu”) vaccination on January 29, 2018. Petition at 1; Stipulation, filed at January 25, 2022, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 2, 15-17. Respondent denies that [P]etitioner sustained a Table SIRVA injury within the Table time period, and further denies that the flu vaccine caused [P]etitioner 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. 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-00495-UNJ Document 40 Filed 03/03/22 Page 2 of 7 Nevertheless, on January 25, 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 $45,975.00 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-00495-UNJ Document 40 Filed 03/03/22 Page 3 of 7 Case 1:20-vv-00495-UNJ Document 40 Filed 03/03/22 Page 4 of 7 Case 1:20-vv-00495-UNJ Document 40 Filed 03/03/22 Page 5 of 7 Case 1:20-vv-00495-UNJ Document 40 Filed 03/03/22 Page 6 of 7 Case 1:20-vv-00495-UNJ Document 40 Filed 03/03/22 Page 7 of 7