VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00510 Package ID: USCOURTS-cofc-1_20-vv-00510 Petitioner: Erin Callahan Filed: 2020-04-27 Decided: 2022-07-28 Vaccine: influenza Vaccination date: 2017-10-31 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 10000 AI-assisted case summary: Erin Callahan filed a petition for compensation under the National Vaccine Injury Compensation Program on April 27, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table, after receiving the influenza vaccine on October 31, 2017, and the hepatitis B vaccine in the same shoulder on April 11, 2018. Petitioner further alleged that she continued to experience residual effects from the SIRVA for more than six months post-vaccination. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a SIRVA Table injury, denied that the vaccines caused or significantly aggravated her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 24, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision. Pursuant to the stipulation, Erin Callahan was awarded $10,000.00 as compensation for all damages, to be paid as a lump sum in the form of a check. This amount represents a compromise of the parties' respective positions on liability and damages. The decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. Petitioner was represented by Matthew F. Belanger of Faraci Lange, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Erin Callahan alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2017, and a hepatitis B vaccine on April 11, 2018. The alleged injury is a "Table Injury." Respondent denied causation and aggravation. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $10,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner was represented by Matthew F. Belanger, and respondent was represented by Jennifer Leigh Reynaud. The decision date was July 28, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00510-0 Date issued/filed: 2022-07-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/24/2022) regarding 40 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00510-UNJ Document 45 Filed 07/28/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0510V UNPUBLISHED ERIN CALLAHAN, Chief Special Master Corcoran Petitioner, Filed: June 24, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Hepatitis B HUMAN SERVICES, (Hep B) Vaccine; Influenza (Flu Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Matthew F. Belanger, Faraci Lange, LLP, Rochester, NY, for Petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 27, 2020, Erin Callahan 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”), a defined Table Injury, after receiving the influenza (“flu”) vaccine on October 31, 2017, and the hepatitis B (“hep B”) vaccine in the same shoulder on April 11, 2018. Petition at ¶¶ 1, 2, 9, 21, 24; Stipulation, filed at June 24, 2022, ¶¶ 1- 2, 4. Petitioner further alleges that she continues to suffer the residual effects of her SIRVA more than six months post-vaccination and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 2, 23, 29; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu and/or heb B vaccine(s) caused or significantly aggravated [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae 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-00510-UNJ Document 45 Filed 07/28/22 Page 2 of 7 Nevertheless, on June 24, 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 $10,000.00 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-00510-UNJ Document 45 Filed 07/28/22 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ERIN CALLAHAN, Petitioner, No. 20-510V V. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: l. Petitioner Erin Callahan ("·petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-10 to 34 (the ··Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner·s receipt of the influenza ( .. flu") and hepatitis B (. . hep B") vaccines, which vaccines are contained in the Vaccine Injury Table (the ·Table'"), 42 C.F.R. § 100.3 (a). 2. Petitioner received a flu vaccine on or about October 31, 2017, and a hep B vaccine on or about April 11, 2018. 3. The vaccines were administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration (··SIRVA") within the time period set forth in the Table, or alternatively that the flu and/or hep B vaccine significantly aggravated a pre-existing shoulder injury. She further alleges that she experienced the residual effects of this condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her condition. Case 1:20-vv-00510-UNJ Document 45 Filed 07/28/22 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu and/or hep B vaccine(s) caused or significantly aggravated petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury. 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 of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U .S.C. § 300aa-2 l ( a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $10,000.00, 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-2 l(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 they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis. 2 Case 1:20-vv-00510-UNJ Document 45 Filed 07/28/22 Page 5 of 7 I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-l 5(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 unreimbursable 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In 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, does forever irrevocably and unconditionally release, acquit and discharge the United States and the Secretary of Health and Human 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-10 et 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 flu vaccination administered on or about October 31, 2017, and/or the hep B vaccination administered on or about April 11, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about April 27, 2020, in the United States Court of Federal Claims as petition No. 20-51 0V. 14. If petitioner should die prior to entry of judgment, 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-00510-UNJ Document 45 Filed 07/28/22 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 tenns 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 Injury 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 Human Services that the flu and/or hep B vaccine(s) caused or significantly aggravated petitioner·s alleged shoulder injury or any other injury or her current condition. I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner"s heirs, executors, administrators. successors. and/or assigns. 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