VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00393 Package ID: USCOURTS-cofc-1_21-vv-00393 Petitioner: Diane Michelle Filed: 2021-01-08 Decided: 2022-12-09 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2019-07-29 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Diane Michelle filed a petition on January 8, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on July 29, 2019, she received a pneumococcal vaccine administered in the United States, which resulted in a shoulder injury related to vaccine administration (SIRVA). Petitioner stated that the residual effects of her injury lasted for more than six months and that she had not received a prior award or settlement for this condition. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the 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 these denials, on November 3, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Diane Michelle a lump sum of $40,000.00, payable by check to Petitioner, as compensation for all items of damages. The decision was issued on December 9, 2022. Petitioner was represented by Brynna Gang of Kraus Law Group, LLC, and Respondent was represented by Naseem Kourosh of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received. The specific mechanism of injury and any expert testimony are also not detailed in the public decision. Theory of causation field: Petitioner Diane Michelle alleged a shoulder injury related to vaccine administration (SIRVA) following a pneumococcal conjugate vaccine administered on July 29, 2019. Respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $40,000.00 as a lump sum for all damages. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the condition falls under the SIRVA category, which is often addressed under the National Vaccine Injury Compensation Program's Table. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00393-0 Date issued/filed: 2022-12-09 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 11/08/2022) regarding 38 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00393-UNJ Document 42 Filed 12/09/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0393V UNPUBLISHED DIANE MICHELLE, Chief Special Master Corcoran Petitioner, Filed: November 8, 2022 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; HUMAN SERVICES, Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Respondent. Administration (SIRVA) Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner. Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 8, 2021, Diane Michelle 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 a result of a pneumococcal vaccine that was administered on July 29, 2019. Petition at 1; Stipulation, filed on November 3, 2022, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she experienced the residual effects of her injury for more than six months, and there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 6-7; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 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 1:21-vv-00393-UNJ Document 42 Filed 12/09/22 Page 2 of 7 Nevertheless, on November 3, 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. 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. 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-00393-UNJ Document 42 Filed 12/09/22 Page 3 of 7 Case 1:21-vv-00393-UNJ Document 42 Filed 12/09/22 Page 4 of 7 Case 1:21-vv-00393-UNJ Document 42 Filed 12/09/22 Page 5 of 7 Case 1:21-vv-00393-UNJ Document 42 Filed 12/09/22 Page 6 of 7 Case 1:21-vv-00393-UNJ Document 42 Filed 12/09/22 Page 7 of 7