VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00629 Package ID: USCOURTS-cofc-1_21-vv-00629 Petitioner: Karen Turbe Filed: 2021-01-12 Decided: 2023-03-03 Vaccine: pneumococcal conjugate vaccine Vaccination date: 2018-10-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 75000 AI-assisted case summary: Karen Turbe filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a pneumococcal conjugate vaccine she received on October 15, 2018. She further alleged that her injury lasted for more than six months. Respondent denied that Ms. Turbe sustained a SIRVA Table injury and denied that her current condition was a sequela of a vaccine-related injury. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Turbe was awarded a lump sum of $75,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00629-0 Date issued/filed: 2023-03-03 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 01/31/2023) regarding 29 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00629-UNJ Document 33 Filed 03/03/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0629V UNPUBLISHED KAREN TURBE, Chief Special Master Corcoran Petitioner, Filed: January 31, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on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) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nancy Tinch, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Karen Turbe 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 conjugate vaccine she received to her right deltoid on October 15, 2018. Petition at Preamble; Stipulation, filed at January 31, 2023, ¶¶ 2-4. Petitioner further alleges that her injury lasted for more than six months. Petition at Preamble; Stipulation at ¶4. Respondent denies “that petitioner sustained a SIRVA Table injury and denies that petitioner’s current condition is a sequela of a vaccine- related injury.” Stipulation at ¶ 6. Nevertheless, on January 31, 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. 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-00629-UNJ Document 33 Filed 03/03/23 Page 2 of 7 Pursuant to the terms stated in the attached Stipulation, I award the following compensation: A lump sum of $75,000.00, 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-00629-UNJ Document 33 Filed 03/03/23 Page 3 of 7 Case 1:21-vv-00629-UNJ Document 33 Filed 03/03/23 Page 4 of 7 Case 1:21-vv-00629-UNJ Document 33 Filed 03/03/23 Page 5 of 7 Case 1:21-vv-00629-UNJ Document 33 Filed 03/03/23 Page 6 of 7 Case 1:21-vv-00629-UNJ Document 33 Filed 03/03/23 Page 7 of 7