VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01657
Package ID: USCOURTS-cofc-1_20-vv-01657
Petitioner: Mallory J. Spiker
Filed: 2020-11-23
Decided: 2022-09-09
Vaccine: influenza
Vaccination date: 2019-10-24
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Mallory J. Spiker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2020, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 24, 2019. Petitioner claimed the injury met the Table definition for SIRVA or was caused in fact by the vaccine. Respondent denied that the injury was a Table injury or caused by the vaccine. The parties filed a joint stipulation on July 25, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mallory J. Spiker $20,000.00 in compensation for all damages. The decision was entered on September 9, 2022. Petitioner was represented by Jeffrey A. Golvash of Golvash & Epstein, LLC, and Respondent was represented by Benjamin Patrick Warder of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by the petitioner.

Theory of causation field:
Petitioner Mallory J. Spiker received an influenza vaccine on October 24, 2019, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) that met the Table definition or was caused in fact by the vaccine. Respondent denied both the Table injury and causation. The parties entered into a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $20,000.00 in compensation for all damages. The theory of causation was based on a stipulation, not a finding of fact after litigation. Petitioner's counsel was Jeffrey A. Golvash, and Respondent's counsel was Benjamin Patrick Warder. The decision date was September 9, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01657-0
Date issued/filed: 2022-09-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/25/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01657-UNJ Document 34 Filed 09/09/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1657V
UNPUBLISHED
MALLORY J. SPIKER, Chief Special Master Corcoran
Petitioner, Filed: July 25, 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)
Jeffrey A. Golvash, Golvash & Epstein, LLC, Pittsburgh, PA, for Petitioner.
Benjamin Patrick Warder, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On November 23, 2020, Mallory J. Spiker 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 or, in the
alternative, was caused in fact by the influenza (“flu”) vaccine she received on. Petition at
1, ¶¶ 3, 9; Stipulation, filed at July 25, 2022, ¶¶ 1-2, 4. Petitioner further alleges that she
received the vaccine in the United States, that she suffered the residual effects of her
SIRVA more than six months post-vaccination, and that neither she nor any other person
has filed a civil action or received compensation for her SIRVA. Petition at ¶¶ 3, 10-11;
Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury,
denies that [P]etitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine,
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-01657-UNJ Document 34 Filed 09/09/22 Page 2 of 7
and denies that the flu vaccine caused [P]etitioner any other injury or her current
condition.” Stipulation at ¶ 6.
Nevertheless, on July 25, 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.
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Case 1:20-vv-01657-UNJ Document 34 Filed 09/09/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MALLORY J. SPIKER,
)
)
Petitioner,
) No. 20-l 657V (ECF)
v.
) Chief Special Master Corcoran
)
SECRETARY OF HEALTH
)
AND HUMAN SERVICES,
_____________ )
Respondent. ))
STIPULATION
The parties hereby stipulate to the following matters:
l. Mallory J. Spiker, petitioner, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu'') vaccine, which vaccine is contained in the Vaccine Injury Table
("Table"), 42 C.F.R. § 100.3(a).
2. Petitionet· received the flu vaccination in her left shoulder on October 24, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine
Administration ("SIRVA") within the time period set forth in the Table, and that she experienced
residual effects of this injury for m01·e than six months.
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 condition.

Case 1:20-vv-01657-UNJ Document 34 Filed 09/09/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu
vaccine caused petitioner any other injury or her current condition.
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 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).
9, As soon as practicable after the entt-y of judgment 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 attorney fees and costs incurred in proceeding upon this
petition.
l 0. 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-15(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.
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Case 1:20-vv-01657-UNJ Document 34 Filed 09/09/22 Page 5 of 7
11. 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 attorney 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-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, 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-l0, 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 vaccine administered on or about October 24, 2019, as
alleged by petitioner in a petition for vaccine compensation filed on November 23, 2020, in the
United States Court ofFederal Claims as petition No. 20-J657V.
14. [f petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the patties.
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Case 1:20-vv-01657-UNJ Document 34 Filed 09/09/22 Page 6 of 7
15. If the Chief 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 confonnity
with a decision that is in complete conformity with the terms of this Stipulation, then the patties'
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 natme 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 or any other injury.
18. All rights and obHgations 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-01657-UNJ Document 34 Filed 09/09/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
NfALLO
J
AUTHORIZED REPRSENTATIVE
OF THE ATTORNEY GENERAL:
tein, LLC Deputy Director
9 De'4all venue Torts Branch
Pittsburgh, PA 15227 Civil Division
(412) 882-4717 U.S. Department of Justice
jgolvash@golvashepstein.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AITORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Digitally signed by
George R. Grimes -S14
Grimes -514 Date: 2022.06.30 15:00:09
-04'00'
CDR GEORGE REED GRlMES, MD, MPH
Director, Division of Injury
Compensation Programs
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Depa1tment of Health Beajamin FrankJin Station
and Human Sel'vices Washington, DC 20044-0146
5600 Fishers Lane, 08N 1468 (202) 532-5464
Rockville, MD 20857 Benjamin.P.Warder@usdoj.gov
Dated: 0 7 / Z. >/ Z O t. Z.
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