VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-02017 Package ID: USCOURTS-cofc-1_20-vv-02017 Petitioner: Jill Fudesco Filed: 2020-12-29 Decided: 2023-09-20 Vaccine: influenza Vaccination date: 2019-10-16 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 25000 AI-assisted case summary: Jill Fudesco filed a petition for compensation under the National Vaccine Injury Compensation Program on December 29, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 16, 2019. She stated that the vaccine was administered in the United States, she experienced residual effects for more than six months, and there had been no prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that Ms. Fudesco sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, the parties filed a joint stipulation on August 18, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Fudesco was awarded a lump sum of $25,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-02017-0 Date issued/filed: 2023-09-20 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 08/21/2023) regarding 38 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. (Main Document 42 replaced on 9/20/2023 to correct the pdf.) (fm). -------------------------------------------------------------------------------- Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 1 of 8 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-2017V JILL FUDESCO, Chief Special Master Corcoran Petitioner, Filed: August 21, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 29, 2020, Jill Fudesco 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”), a Table injury, resulting from an influenza (“flu”) vaccine she received on October 16, 2019. Am. Pet. at 1, ECF No. 19; Stipulation at 1, ECF No. 37. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Am. Pet. at 3; Stipulation at 1. Respondent denies “that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and further denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at 2. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 2 of 8 Nevertheless, on August 18, 2023, 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 $25,000.00 in the form of a check payable to Petitioner. Stipulation at 2. 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-02017-UNJ Document 42 Filed 09/20/23 Page 3 of 8 Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 4 of 8 Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 5 of 8 Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 6 of 8 Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 7 of 8 Case 1:20-vv-02017-UNJ Document 42 Filed 09/20/23 Page 8 of 8