VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01112
Package ID: USCOURTS-cofc-1_20-vv-01112
Petitioner: Shanel Mayo
Filed: 2020-09-01
Decided: 2022-06-16
Vaccine: influenza
Vaccination date: 2019-09-26
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Shanel Mayo filed a petition for compensation under the National Vaccine Injury Compensation Program on September 1, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination on September 26, 2019. The petition stated the vaccine was administered in the United States and that the injury had residual effects lasting more than six months, with no prior award or settlement for the condition. The respondent denied that the injury was a Table SIRVA within the specified timeframe, denied that the residual effects lasted more than six months, and denied that the flu immunization caused or significantly aggravated the alleged shoulder injury or any other injury. Despite these denials, the parties filed a joint stipulation on April 16, 2022, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Shanel Mayo a lump sum of $20,000.00, payable by check to the petitioner, for all damages available under Section 15(a) of the Vaccine Act. The decision was finalized on June 16, 2022. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments. The stipulation explicitly states that it is not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the petitioner's alleged shoulder injury.

Theory of causation field:
Shanel Mayo filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 26, 2019. The respondent denied the injury was a Table SIRVA, that residual effects lasted over six months, or that the vaccine caused/aggravated the injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $20,000.00 as a lump sum. The decision date was June 16, 2022. Petitioner counsel was Leigh Finfer (Muller Brazil, LLP), and respondent counsel was Ryan Daniel Pyles (U.S. Department of Justice). The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the Table SIRVA claim beyond its inclusion in the Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01112-0
Date issued/filed: 2022-06-16
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/28/2022) regarding 26 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01112-UNJ Document 30 Filed 06/16/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1112V
UNPUBLISHED
SHANEL MAYO, Chief Special Master Corcoran
Petitioner, Filed: April 28, 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)
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 1, 2020, Shanel Mayo 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 Shoulder Injury
Related to Vaccine Administration (“SIRVA”) – as a result of an influenza (“flu”)
vaccination on September 26, 2019. Petition at 1; Stipulation, filed April 16, 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, 7-9. “Respondent denies that [P]etitioner
sustained a Table SIRVA within the timeframe set forth in the Table; denies that
[P]etitioner experienced residual effects of an injury for more than six months; and denies
that the flu immunization caused or significantly aggravated [P]etitioner’s alleged shoulder
injury and/or any other 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-01112-UNJ Document 30 Filed 06/16/22 Page 2 of 7
Nevertheless, on April 26, 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 $20,000.00 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-01112-UNJ Document 30 Filed 06/16/22 Page 3 of 7
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHANEL MAY O,
Petitioner,
V. No. 20-1112V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Shanel Mayo ("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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on or about September 26, 2019, in her left upper
extremity.
3. The vaccine was administered within the United States.
4. Petitioner alleges that the flu vaccine caused her to develop a left-sided shoulder
injury related to vaccine administration ("SIRVA") and that she experienced residual effects of
this injury 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-01112-UNJ Document 30 Filed 06/16/22 Page 4 of 7
6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set
forth in the Table; denies that petitioner experienced residual effects of an injury for more than
six months; and denies that the flu immunization caused or significantly aggravated petitioner's
alleged shoulder injury and/or any other 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 ofj udgment 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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $20,000.00 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-15(a) for injuries allegedly related to petitioner's receipt of the flu vaccine.
9. As soon as practicable after the entry ofj udgment 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-21(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.
10. 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-01112-UNJ Document 30 Filed 06/16/22 Page 5 of 7
11. 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-15(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-1 S(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 and/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 September 26, 2019, as alleged by petitioner in a petition for vaccine compensation filed
on or about September 1, 2020, in the United States Court of Federal Claims as petition No. 20-
1 l 12V.
14. If petitioner should die prior to entry ofj udgment, 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-01112-UNJ Document 30 Filed 06/16/22 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 terms 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 vaccine caused petitioner's alleged shoulder
injury and/or any other injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:20-vv-01112-UNJ Document 30 Filed 06/16/22 Page 7 of 7
Respectfully submitted,
PETITIONE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
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HEATHER L. PEARLMAN
MULLER BRAZIL Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
leigh@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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George R. Grimes -
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Date: 2022.04.13 04:59:09--04'00'
CDR GEORGE REED GRIMES, MD, MPH RYA ND. PYLES
Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08Nl46B (202) 616-9847
Rockville, MD 20857 :ryan.pyles@usdoj.gov
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Dated:
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