VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00349
Package ID: USCOURTS-cofc-1_21-vv-00349
Petitioner: Andrea Scanlan
Filed: 2021-01-08
Decided: 2023-09-05
Vaccine: influenza
Vaccination date: 2020-09-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 85000

AI-assisted case summary:
Andrea Scanlan filed a petition for compensation on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on September 8, 2020. She stated the vaccine was administered in the United States, that the injury had residual effects for more than six months, and that there had been no prior award or settlement. The respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her injury. The parties filed a joint stipulation on July 28, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision, awarding Andrea Scanlan a lump sum of $85,000.00 as compensation for all items of damages. The decision was entered on September 5, 2023. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.

Theory of causation field:
Petitioner Andrea Scanlan received an influenza vaccine on September 8, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) as a result. The respondent denied that the petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged injury. The parties filed a joint stipulation on July 28, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $85,000.00 to the petitioner. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The case was settled via stipulation, with the respondent denying liability but agreeing to compensation. Petitioner was represented by Glen Howard Sturtevant, Jr., and respondent was represented by Martin Conway Galvin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00349-0
Date issued/filed: 2023-09-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/03/2023) regarding 41 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:21-vv-00349-UNJ Document 46 Filed 09/05/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-349V
ANDREA SCANLAN, Chief Special Master Corcoran
Petitioner, Filed: August 3, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Glen Howard Sturtevant, Jr., Rawls Law Group (Richmond), Richmond, VA, for
Petitioner.
Martin Conway Galvin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Andrea Scanlan 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”), as the result of an influenza (“flu”) vaccination on September 8,
2020. Petition at 1; Stipulation, filed at July 28, 2023, ¶¶ 1-2, 4. Petitioner further alleges
the vaccine was administered within the United States, that she suffered the residual
effects of her injury for more than six months, and that there has been no prior award or
settlement of a civil action on her behalf as a result of her injury. Petition at ¶¶ 2, 8, 10-
11; Stipulation at ¶¶ 3-5. “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 denies that her current condition is a sequela of a vaccine-related injury.”
Stipulation at ¶ 6.
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-00349-UNJ Document 46 Filed 09/05/23 Page 2 of 7
Nevertheless, on July 28, 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 $85,000.00 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-00349-UNJ Document 46 Filed 09/05/23 Page 3 of 7
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ANDREA SCANLAN, )
)
Petitioner, )
)
V. ) No. 2 l-349V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEAL TH AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner Andrea Scanlan ("petitioner") filed a petition for vaccine compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 to 34 (the
"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 (the "Table"), 42 C.F.R. § I 00.3 (a).
2. Petitioner received a flu vaccine on or about September 8, 2020.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table following administration of the vaccine.
She further alleges that she experienced the residual effects of this condition for more than six
months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her condition.

Case 1:21-vv-00349-UNJ Document 46 Filed 09/05/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
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.
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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $85,000.00, 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-l 5(a).
9. As soon as practicable after the entry 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)( I), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and her attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), including 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 entities that provide health services on a pre-paid basis.
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Case 1:21-vv-00349-UNJ Document 46 Filed 09/05/23 Page 5 of 7
11. Payment made pursuant to paragraph 8 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 attorneys' 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-I 5(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 or 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-l 0 et seq., on account ot: 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 vaccination administered on or about September 8,
2020, as alleged by petitioner in a petition for vaccine compensation filed on or about January 8,
2021, in the United States Court of Federal Claims as petition No. 2 l-349V.
14. If 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 parties.
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Case 1:21-vv-00349-UNJ Document 46 Filed 09/05/23 Page 6 of 7
15. If the 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 conformity with a
decision that is in complete conformity with the terms of this Stipulation, then the parties'
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 nature 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 flu vaccine caused petitioner's alleged shoulder
injury or any other injury or her current condition, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:21-vv-00349-UNJ Document 46 Filed 09/05/23 Page 7 of 7
Respectfully submitted,
PETITIONER:
ANDREA SCANLAN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
==4Y oW'-ll\ \i__Q:?tJ/v\r--_
GLEN H. STURTEVANT HEATHER L. PEARLMAN
Rawls Law Group Deputy Director
211 Rockets Way Torts Branch
Suite I 00 Civil Division
Richmond, VA 23231 U.S. Department of Justice
(804) 622-0675 P.O. Box 146
gsturtevant@rawlslawgroup.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENT AT IYE ATTORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Digitally signed by
H en ry p•
Henry P. Mcmillan -53
Mcmillan -S3 ~c~
by Date:2023.07.21
11:16:13-04'00'
CDR GEORGE REED GRIMES, MD, MPH MARTIN C. GAL YIN
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 1468 Tel: 202-305-3071
Rockville, MD 20857 E-mail: Martin.Galvin@usdoj.gov
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l-fcJS, JQ)3
Dated:
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