VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01466 Package ID: USCOURTS-cofc-1_20-vv-01466 Petitioner: Jennifer Inscoe Filed: 2020-10-26 Decided: 2022-09-30 Vaccine: influenza Vaccination date: 2019-11-07 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 33000 AI-assisted case summary: On October 26, 2020, Jennifer Inscoe filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 7, 2019. In the alternative, she alleged that the vaccine significantly aggravated a preexisting shoulder injury. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any injury, or significantly aggravated a preexisting 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 August 26, 2022, agreeing to settle the issues between them. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Chief Special Master Corcoran awarded Jennifer Inscoe a lump sum of $33,000.00, payable by check to the petitioner, as compensation for all damages. The decision noted that the case was processed as a Table claim for SIRVA. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC, and respondent was represented by Andrew Henning of the U.S. Department of Justice. Theory of causation field: Petitioner Jennifer Inscoe filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) or significant aggravation of a preexisting shoulder injury following an influenza vaccine on November 7, 2019. Respondent denied causation and aggravation. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $33,000.00 in compensation for all damages. The case was processed as a Table claim for SIRVA. The public decision does not detail specific medical evidence, expert testimony, or the precise mechanism of injury, relying instead on the parties' agreement. Attorneys for petitioner were Mark Theodore Sadaka and for respondent were Andrew Henning. The decision date was September 30, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01466-0 Date issued/filed: 2022-09-30 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 08/30/2022) regarding 43 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01466-UNJ Document 51 Filed 09/30/22 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1466V UNPUBLISHED JENNIFER INSCOE, Chief Special Master Corcoran Petitioner, Filed: August 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) Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner. Andrew Henning, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On October 26, 2020, Jennifer Inscoe 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”) as a result of an influenza (“flu”) vaccine administered on November 7, 2019. Petition at 1; Stipulation, filed on August 26, 2022, at ¶¶ 2, 4. In the alternative, Petitioner alleges that the flu vaccine administered on November 7, 2019 significantly aggravated a preexisting shoulder injury. Id. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual side effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 1, 3; Stipulation at ¶¶ 3, 5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury or any injury 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-01466-UNJ Document 51 Filed 09/30/22 Page 2 of 7 or significantly aggravated a preexisting injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on August 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 $33,000.00 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-01466-UNJ Document 51 Filed 09/30/22 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JENNIFER INSCOE, ) ) Petitioner, ) ) No. 20-1466V (ECF) ) Chief Special Master Corcoran v. ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: l. Jennifer Inscoe, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 et seq. (the "Vaccine Program'l The petition seeks compensation for injuries allegedly related to petitioner's receipt of the seasonal 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 November 7, 20 J 9. 3. The vaccination was administered within the United States. 4. Petitioner alleges that the flu vaccine caused her to develop a left shoulder injury related to vaccine administration ('·SIRVA'"). In the alternative, petitioner argues that the tlu vaccine significantly aggravated a preexisting shoulder injury 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged condition. 6. Respondent denies that petitioner sustained a SlRVA Table injury; denies that the flu vaccine caused petitioner's alleged shoulder injury or any injury or significantly aggravated t Case 1:20-vv-01466-UNJ Document 51 Filed 09/30/22 Page 4 of 7 a preexisting 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 tenns 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 $33,000.00 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). 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-2 l(a)( I), 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 compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-l S(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre~paid basis. 2 Case 1:20-vv-01466-UNJ Document 51 Filed 09/30/22 Page 5 of 7 1I . Payment made pursuant to paragraph 8 of this Stipulation 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 petitioner's benefit 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-15(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-l O 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 November 7, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about October 26, 2020, in the United States Court of Federal Claims as petition No. 20-l466V. 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-01466-UNJ Document 51 Filed 09/30/22 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 nol be construed as an admission by the United States or the Secretary of Health and Human Service that the tlu vaccine caused petitioner· s alleged shoulder injury or any other injury or her current disabilities. or that petitioner suffered an injury contained in the Vaccine Injury Table. l 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION s Case 1:20-vv-01466-UNJ Document 51 Filed 09/30/22 Page 7 of 7 Respectfully submitted, PETITIONER: ~nifetin~: (Aug 11, 2022 lS:05 EDT) JENNIFER INSCOE ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE ATTORNEY GENERAL: ~i1tt~qc~ MARKT. SADAKA Attorney for Petitioner Deputy Director SADAKA ASSOCIATES LLC Torts Branch 155 North Dean Street. 4th Floor Civil Division Englewood, NJ 07631 U.S. Department of Justice Telephone: (201) 266-5670 P.O. Box 146 Email: mark@sadakafirm.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: Ge orge R• Digitally signed by George R. Grimes •S14 . 5; tut- . Gn m es - ~..,. 2022.08.09 11:36:47 -04•00· ~ ~.\~~ ~ ~ CDR GEORGE REED GRIMES, MD, MPH ANDREW J. HENNING Director, Division of lnjury 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, 08N l 46B Tel.: (202) 6164405 Rockville, MD 20857 Email: andrew.j.henning@usdoj.gov l Dated: o