VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00331 Package ID: USCOURTS-cofc-1_21-vv-00331 Petitioner: Jana Hesker Filed: 2021-01-08 Decided: 2023-07-28 Vaccine: influenza Vaccination date: 2019-11-17 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 45000 AI-assisted case summary: Jana Hesker filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 17, 2019. She claimed the injury was a Table injury or, alternatively, a caused-in-fact injury. Ms. Hesker stated she received the vaccine in the United States and continued to suffer residual effects for more than six months post-vaccination. Respondent denied that Ms. Hesker sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other condition, and denied that her current condition was a sequela of a vaccine-related injury. Despite the denials, the parties filed a joint stipulation on June 26, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Hesker was awarded a lump sum of $45,000.00, 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_21-vv-00331-0 Date issued/filed: 2023-07-28 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/26/2023) regarding 33 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kp) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0331V JANA HESKER, Chief Special Master Corcoran Petitioner, Filed: June 26, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for Petitioner. Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 8, 2021, Jana Hesker filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On March 11, 2022, she filed an amended petition. ECF No. 16. Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury, or, in the alternative a caused-in-fact injury, after receiving the influenza (“flu”) vaccine on November 17, 2019. Amended Petition at 1, ¶¶ 1, 10; Stipulation, filed at June 26, 2023, ¶¶ 1-2, 4. Petitioner further alleges she received the vaccine within the United States, that she continued to suffer the residual effects of her injury through March 11, 2022 – more than six months post-vaccination, and that neither she nor any other individual has filed received compensation for her alleged vaccine- related injury. Petition at ¶¶ 1, 9, 11; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused 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 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 2 of 7 [P]etitioner’s alleged shoulder injuryor any other injury or condition; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. Nevertheless, on June 26, 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 $45,000.00 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 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 3 of 7 Case 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 4 of 7 Case 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 5 of 7 Case 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 6 of 7 Case 1:21-vv-00331-UNJ Document 37 Filed 07/28/23 Page 7 of 7