VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01305 Package ID: USCOURTS-cofc-1_20-vv-01305 Petitioner: Jennifer Sepate Filed: 2022-11-30 Decided: 2023-01-06 Vaccine: influenza Vaccination date: 2019-10-17 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52500 AI-assisted case summary: Jennifer Sepate filed a petition on November 30, 2022, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2019. She claimed the injury met the Table definition and that she experienced residual effects for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision. Jennifer Sepate was awarded a lump sum of $52,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and Respondent was represented by James Vincent Lopez of the U.S. Department of Justice. Theory of causation field: Petitioner Jennifer Sepate alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 17, 2019, meeting the Table definition and causing residual effects for more than six months. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation for compensation. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $52,500.00 for all damages under Section 15(a). Petitioner's counsel was Jonathan Joseph Svitak, and Respondent's counsel was James Vincent Lopez. The decision date was January 6, 2023. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01305-0 Date issued/filed: 2023-01-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/30/2022) regarding 36 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01305-UNJ Document 40 Filed 01/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1305V UNPUBLISHED JENNIFER SEPATE, Chief Special Master Corcoran Petitioner, Filed: November 30, 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) Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner. James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 1, 2020, Jennifer Sepate 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”) which meets the Table definition, after receiving an influenza (“flu”) vaccine she received on October 17, 2019. Petition at 1, ¶¶ 2, 17; Stipulation, filed at Nov. 30, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine within the United States, that she suffered the residual effects of her injury for more than six months, and that neither she nor any other party has filed a civil action or received compensation for her injury. Petition at ¶¶ 2, 18-20; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [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-01305-UNJ Document 40 Filed 01/06/23 Page 2 of 7 Nevertheless, on November 30, 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 $52,500.00 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-01305-UNJ Document 40 Filed 01/06/23 Page 3 of 7 Case 1:20-vv-01305-UNJ Document 40 Filed 01/06/23 Page 4 of 7 Case 1:20-vv-01305-UNJ Document 40 Filed 01/06/23 Page 5 of 7 Case 1:20-vv-01305-UNJ Document 40 Filed 01/06/23 Page 6 of 7 Case 1:20-vv-01305-UNJ Document 40 Filed 01/06/23 Page 7 of 7