VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00150 Package ID: USCOURTS-cofc-1_21-vv-00150 Petitioner: Jeffie Snavely Filed: 2021-01-06 Decided: 2023-10-06 Vaccine: influenza Vaccination date: 2018-09-14 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Jeffie Snavely filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging injury from an influenza vaccine received on September 14, 2018. Ms. Snavely claimed she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Vaccine Injury Table and experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms. Snavely sustained a SIRVA Table injury or that the vaccine caused her alleged injury. Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Snavely a lump sum of $40,000.00 for all items of damages available under the program. This award represents a settlement of liability and damages, and the court approved the amount as reasonable. The case proceeded as a Table claim, and the parties agreed to further proceedings for attorney fees and costs. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00150-0 Date issued/filed: 2023-10-06 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/05/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-150V JEFFIE SNAVELY, Chief Special Master Corcoran Petitioner, v. Filed: September 5, 2023 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Schiffmacher Cinelli Adoff LLP, Buffalo, NY, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2021, Jeffie Snavely 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 received an influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), on September 14, 2018. Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) within the time period set forth in the Table. She further alleges that she experienced the residual effects of this condition for more than six months. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury. 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 (2012). Case 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 2 of 7 Nevertheless, on September 5, 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 $40,000.00 in the form of a check payable to Petitioner. This amount represents compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 3 of 7 2053020508 p.2 Aug 13 23. 11 :20a Bob_office IN THE UNITED ST AT ES COt:RT OF FEDERAL CLAn1 OFFICE OF SPECIAL :\t1ASTERS JEFFIE SNAVELY, Petitioner. '\'o. 21-l50V Chief Special \faster Corcoran V. ECF SECRETARY OF HEAL TH AJ\D lfU ·IAN SERVICES. Respondent. STIPlLATION The pa:'lies hereby stipulate ro the following maners: I. Jeffie Snavely ("'peciti ner''). filed a petirion for vaccine compensation under the National Vae,cine Tnjury Compensation Pr gram, 42 U.S.C. § 300aa-i0 to -34 (the ·'Va~cinl! Progr.im"). Tht petition s~ks compen.sarion for iitjuries alkgt!dl) rdated to petitioner's receipt of an intluenza c-·nu'·) vaccine. which vacci:ie is containeci in the Vaccine lnjury Tao le (the ··Table'), 42 C.F.R. § I 00.3(a). 2. Petif!oner received a nu vr.cdne on September 14, 20 IS. 3. The va cine wa_ administered ,.,.:thin the nited States. 4. Petitioner alleges that she sustained a shoulder injury re[ated to va-:cine administration '·SfRV ~ ") \.Vithin the time period set forth in th;;: Table. She further illleges that she experienced rhe residual effects of this cor.dition for more than six mon~hs. 5. Petition r represents that there has been no prior award or ettlernent of a civi action r for carnages 011 ,er behal as a result cf her alleged injury. Case 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 4 of 7 2053020508 p.3 Aug 1323, 11:21a Bob_office 6. Respondent denies th:H petitioner sLtsta:ned a SJRVA Table L7jury: denies that the vaccine caused petitione-r's al)eged shoulder injury, or any oc;1er injury: and denies that her current conditior. is a sequela of a vaccine-relared inju:-y. 7. Maintaining their above-s:ated positions. the parties ne,,e1thefess now agree chat ch~ issues between them shall be settled and that a dt:cision shou!c.l be enl ... red a•.varding the compensaLion describ~d in paragraph 8 of Lhis Stipulation. 8. As soon as prac icable after an entry of judgmem reflecting a decision consistt:nl with the terms of this Stipulation. and after pc::Lil ioner has filed an election to receive compensation pur5L1ent to 42 U.S.C. § 3002;1-2l(a)(I). the Secretary of Health and Human Services \.v:11 issue the following vaccine co:11pensalion payment: A lump sum of $40,000.00 in the form ~fa ch~c, pa)'able to pelitioner. This amount represents compensation for a( I dumages thm would be available under 4:? t.: . .C . § 300aa-15(a). 9. As soon as pra 'licabk after the entr} of judgment on encitl~ment in this case. and afler pecitioner has filed both a pro;:,e:· a:id rime[;- election to receive compensation pursuant to 42 ll .S.C. ~ 300na-21 (a)( I). ni'ld an application. the parties \\ ill submit ro further proceedings before the special master ,o award reasonable at-orney5' fees and costs ir.curre in pt'l'Ceeding upon this p~tition. l 0. Petitioner and her zttorney represent that compensation to oe provided pursuant 10 this Stipulation is not for any item or sen,ices for \Vh icl1 tlie Pr;;,gram is not primarily liable ,n under U. .. C. § 300aa-l 5(g). to the extent that payment ha.; been made or can reasonably be expected to be mad;: under My Stati: compensati._m pro,sri·ams. instsanc~ policies, Fe era! or Smte he2.lth ber.efics progr:ims (other than Title XL· of the So i I Security Act 4~ L.S.C. Case 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 5 of 7 Aug 1323, 11:21a Bob office 2053020508 p.4 § 1396 el seq.)), o~ by ~nlities thm provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 and an)' amo~mts av. . arded pursuant to paragrapt 9 of this Stipulation wi!I be made in accordance with 42 U.S.C. § 300aa-15(i). subject to the avai:ability of sufficient catulol) funds. 12. The parties and thefr attome}'S further agr-ee and stipulate th~ e.._cepl for any award for attorneys· fees and litigation cos~s. and past unreimbursable e~penses, che mo11ey provided pursuant to thi- tipulation \,·ill be ~ISed solely :or the benefit of petitioner as contemplated by a strict con~ruccion of 42 ·.s.c. • 300aa-l 5(a) and (d). and su~iect to the conditions of 42 U.S.C. § 300aa-l 5(gl and (hJ. 13. In return for Lhe pa:,,mer.r~ describec in paragraphs 8 and 9. petition.!r. in her individual cap2cicy. and on behaJ"ofh.er heirs, executors, adminisrrators. successor or as igns. does forever irrevocably and uncondicionally release. acquit and discharge the 'nired States and rhe Se retar} of Heal lh anJ Human Serdces from any and all :'I tions or causes cf a Lion (including agreemems.jt.cgments. claims. ciamages. lo~s services. expenses and all d.:mand5 r\f of whatever kind or n:t~Lire) :hat have been brought. could have been brought, or could be imely brought in the Coun cf Feden iaims. und r tJ,e National Vaccine Injury Compen5athJn Program, 42 U. . C. § 300aa-l O ""t seq .. on account ot~ or in any way growing out cf. any anj all known or unknown. suspected or unsuspected personal inj1. ries to or dea:h of petitioner resulting from. or olleged co have resulted from. the flu vaccination ad:ninis·cred on Septtmber 14.2018, as alleged in a petition for vaccine comp~nsation tiled 0n r about January 6. 2021. i:1 tht:: United tales Courc of Federal Claims as petition"-:,).~ I-I 50V. 3 Case 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 6 of 7 Aug 1323.11:21a Bob_office 2053020508 p.5 14. If petitioner should die prior co entry of judgment, Lhis agreement shal I be voicable upon proper not?ce to the Court on behalf of either or both of lhe parties. 15. lf the special master fails to issue a decision in complete confonniry with the tenm of this Stipulation er ifti~e Court of Fedi::ral Claims fails to enter judgme:it in confonnjty with.a decis:on that is in complete confor::nity witl1 the terms of this Stipulacion. then the:: parties· settlement and this Stipulation shal I be voidable at the so:e discretion o: either party. 16. his Stipulation e, presses a full and comp! te negotiated settlement of liability and damages cla.im~d under the National hildhood Vaccine lnju:y Act of 1986. as amended, except as o(lterwise noreu in paragraph 9 above. 1l1ere is abs,)lutd)- no agreement on the pare of the parties hereto IO make any payment or :o do any oct or thing other than is herein expre:;.sly stared and clearly agreed to. The parries further agree and understand that the awilrd described in this Stipulation ma. reflect 11 cor.1promise of the parties· respccli"e positions :is c li.1bilit: .1ndtor amount of damages. and frnther, that o 11.lnge in the nJlure of the injtir} or ..::one.: iti,m r in the items of compensation sought. is not l:,>TOunds to moditY or rev:se this agreement. 17. This Stipulation shall not be construed as an ad111ission by t:1~ United tates or the Sec,:-et3ry cf Heahh and Human Services that th tL vaccine caused petitioner's alleged in;ury or any other injury or her currenr disabilities, or that petitioner suff red an injury containe::f in the \/3ccine Injury Table. 18. All rights and ohligatin~s of petitioner hereunde1· slmll apply equally to petitioner· s heirs. e:-;.ecucors. ac.ministraton. success,::,rs, :ind/or assigns. END OF ~TIPLLATlO. 4 Case 1:21-vv-00150-UNJ Document 51 Filed 10/06/23 Page 7 of 7 Aug 1323.11:21a Bob_office 2053020508 p.6 Respe.:tfull y submitted. PETITIO~ER; ATIOR~EYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITlONER: OF THE ATTORNEY GEl"ERAL: ~;z::_~ - BRJAN CINELLI Schiffmacher Cinelli Adoff LLP Deputy Director 737 i\·fain Stteet, Suite I 00 Torts Branch. Civil Division Buffalo. NY l 4203 U.S. Department of Justice (7i 61815-4722 P.O. Box 146 bcinellif@scaauomevs.com Benjamin Franklin Staiir:in Wa:.hingtor:. DC 2004-1-0 I 46 AUTHORIZED REPRESENTATIVE ATTOR'-i'EY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPO~D£NT: AND HUMAN SERVICES: CDR GEORGE REED GRIMES, l\:ID, tv1PH Director, Division of Injury Trial Anorney Compensmion Programs TortS Branch. Civil Oi\·ision Health Systems Bureau U.S. Department of Justice Health Re:.ources and S!!rvices P.O. Box 146 A