VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00726 Package ID: USCOURTS-cofc-1_20-vv-00726 Petitioner: Tanya Jean Potkonjak Filed: 2020-06-17 Decided: 2022-09-06 Vaccine: influenza Vaccination date: 2018-10-02 Condition: shoulder injury related to vaccine administration (SIRVA) and brachial neuritis (Parsonage-Turner Syndrome) Outcome: compensated Award amount USD: 57754 AI-assisted case summary: Tanya Jean Potkonjak filed a petition on June 17, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine administered on October 2, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA) and brachial neuritis, specifically Parsonage-Turner Syndrome. Ms. Potkonjak stated that she received the vaccine in the United States and experienced residual effects of her SIRVA more than six months post-vaccination. The respondent denied that Ms. Potkonjak sustained a SIRVA injury within the Table time period, denied that the influenza vaccine caused her alleged brachial neuritis, and further denied that the vaccine caused her left shoulder injury or any other injury or current condition. Despite the respondent's denials, the parties filed a joint stipulation on August 4, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms. Potkonjak was awarded a lump sum of $57,754.04, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision directs the Clerk of Court to enter judgment in accordance with this decision, unless a motion for review is filed. Theory of causation field: Petitioner Tanya Jean Potkonjak alleged that an influenza vaccine received on October 2, 2018, caused a shoulder injury related to vaccine administration (SIRVA) and brachial neuritis (Parsonage-Turner Syndrome). The respondent denied that the vaccine caused a SIRVA injury within the Table time period or the alleged brachial neuritis. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. Petitioner was awarded $57,754.04. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00726-0 Date issued/filed: 2022-09-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/04/2022) regarding 43 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00726-UNJ Document 47 Filed 09/06/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-0726V UNPUBLISHED TANYA JEAN POTKONJAK, Chief Special Master Corcoran Petitioner, Filed: August 4, 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); Brachial Neuritis Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On June 17, 2020, Tanya Jean Potlonjak 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”), which meets the Table definition for a SIRVA injury, and brachial neuritis (specifically Parsonage-Turner Syndrome) caused in fact by the influenza vaccine she received on October 2, 2018. Petition at 1, ¶¶ 2, 5, 31; Stipulation, filed at Aug. 4, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States and that she suffered the residual effects of her SIRVA more than six months post-vaccination. Petition at ¶¶ 4, 44; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA injury within the Table time period; denies that the flu vaccine caused [P]etitioner’s alleged brachial neuritis, 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-00726-UNJ Document 47 Filed 09/06/22 Page 2 of 7 Nevertheless, on August 4, 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 $57,754.04 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-00726-UNJ Document 47 Filed 09/06/22 Page 3 of 7 Case 1:20-vv-00726-UNJ Document 47 Filed 09/06/22 Page 4 of 7 Case 1:20-vv-00726-UNJ Document 47 Filed 09/06/22 Page 5 of 7 Case 1:20-vv-00726-UNJ Document 47 Filed 09/06/22 Page 6 of 7 Case 1:20-vv-00726-UNJ Document 47 Filed 09/06/22 Page 7 of 7