VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01747
Package ID: USCOURTS-cofc-1_20-vv-01747
Petitioner: Sheryl Turk
Filed: 2022-08-11
Decided: 2022-09-21
Vaccine: Tdap
Vaccination date: 2019-06-13
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Sheryl Turk filed a petition for compensation under the National Vaccine Injury Compensation Program on August 11, 2022, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving a Tetanus Diphtheria acellular Pertussis (Tdap) vaccine on June 13, 2019. The respondent, the Secretary of Health and Human Services, denied that Ms. Turk sustained a SIRVA Table injury, denied that the Tdap vaccine caused her alleged shoulder injury or any other 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 9, 2022, agreeing that Ms. Turk should be awarded compensation. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Pursuant to the stipulation, Ms. Turk was awarded a lump sum of $35,000.00, payable by check to the Petitioner. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on September 21, 2022. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Matthew Murphy of the U.S. Department of Justice.

Theory of causation field:
Petitioner Sheryl Turk alleged a left shoulder injury related to vaccine administration (SIRVA) following a Tdap vaccination on June 13, 2019. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to an award. The Special Master adopted the stipulation, awarding $35,000.00. The theory of causation is based on the "Table" for SIRVA injuries. The public decision does not detail the mechanism of injury, specific medical evidence, or expert testimony. The award was based on a joint stipulation, not a finding of fact or law after litigation. Chief Special Master Brian H. Corcoran issued the decision on September 21, 2022. Petitioner's counsel was Paul R. Brazil, and Respondent's counsel was Matthew Murphy.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01747-0
Date issued/filed: 2022-09-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/11/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made.
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Case 1:20-vv-01747-UNJ Document 34 Filed 09/21/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1747V
UNPUBLISHED
SHERYL TURK, Chief Special Master Corcoran
Petitioner, Filed: August 11, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Matthew Murphy, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 3, 2020, Sheryl Turk 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) after a Tdap vaccine on June 13, 2019. Petition at 1; Stipulation,
filed at August 9, 2022, ¶¶ 2, 4. Respondent denies that Petitioner “sustained a SIRVA
Table injury; denies that the Tdap 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.
Nevertheless, on August 9, 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.
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-01747-UNJ Document 34 Filed 09/21/22 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $35,000.00 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

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