VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00532 Package ID: USCOURTS-cofc-1_20-vv-00532 Petitioner: Pamela Gallus Filed: 2020-04-29 Decided: 2021-10-12 Vaccine: influenza Vaccination date: 2017-09-28 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Pamela Gallus filed a petition for compensation under the National Vaccine Injury Compensation Program on April 29, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to her receipt of the influenza vaccine on September 28, 2017. The respondent was the Secretary of Health and Human Services. The parties subsequently filed a joint stipulation on damages. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Pursuant to the stipulation, Pamela Gallus was awarded a lump sum of $30,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties agreed to the award amount. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Zoe Wade of the U.S. Department of Justice. The decision was issued on October 12, 2021. Theory of causation field: Petitioner Pamela Gallus alleged a shoulder injury related to vaccine administration (SIRVA) causally related to her receipt of the influenza vaccine on September 28, 2017. The case proceeded as a Table claim. The parties filed a joint stipulation on damages, agreeing to an award. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision. Pamela Gallus was awarded $30,000.00 as a lump sum. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Zoe Wade. The decision date was October 12, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00532-0 Date issued/filed: 2021-11-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 10/12/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00532-UNJ Document 33 Filed 11/22/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0532V UNPUBLISHED PAMELA GALLUS, Chief Special Master Corcoran Petitioner, v. Filed: October 12, 2021 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu); Shoulder Injury Related to Respondent. Vaccine Administration (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 29, 2020, Pamela Gallus 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”) causally related to her receipt of the influenza (“flu”) vaccine on September 28, 2017. Petition at 1. On October 12, 2021, the parties filed the attached joint stipulation, which states 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 opinion 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 opinion 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-00532-UNJ Document 33 Filed 11/22/21 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: (cid:120) A lump sum of $30,000.00 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 the 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-00532-UNJ Document 33 Filed 11/22/21 Page 3 of 7 Case 1:20-vv-00532-UNJ Document 33 Filed 11/22/21 Page 4 of 7 Case 1:20-vv-00532-UNJ Document 33 Filed 11/22/21 Page 5 of 7 Case 1:20-vv-00532-UNJ Document 33 Filed 11/22/21 Page 6 of 7 Case 1:20-vv-00532-UNJ Document 33 Filed 11/22/21 Page 7 of 7