VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00774 Package ID: USCOURTS-cofc-1_21-vv-00774 Petitioner: Sharon Tsengoles Filed: 2021-01-19 Decided: 2023-07-17 Vaccine: influenza Vaccination date: 2020-10-14 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 68500 AI-assisted case summary: Sharon Tsengoles filed a petition alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 14, 2020 influenza vaccination. She stated that the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received any prior award or settlement for this injury. Respondent denied that Petitioner sustained a Table injury for SIRVA, 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 the denial, the parties filed a joint stipulation agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision. Sharon Tsengoles was awarded a lump sum of $68,500.00, 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-00774-0 Date issued/filed: 2023-07-17 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/16/2023) regarding 52 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00774-UNJ Document 58 Filed 07/17/23 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-774V SHARON TSENGOLES, Chief Special Master Corcoran Petitioner, Filed: June 16, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 19, 2021, Sharon Tsengoles 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 Table injury – Shoulder Injury Related to Vaccine Administration (“SIRVA”) – as a result of her October 14, 2020 influneza (“flu”) vaccination. Petition at ¶¶ 19-20; Stipulation, filed at June 15, 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. Stipulation at ¶¶ 3-5; see also Petition at ¶¶ 4, 22-24. “Respondent denies that [P]etitioner sustained a Table injury for SIRVA, 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 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-00774-UNJ Document 58 Filed 07/17/23 Page 2 of 7 Nevertheless, on June 15, 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 $68,500.00 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-00774-UNJ Document 58 Filed 07/17/23 Page 3 of 7 Case 1:21-vv-00774-UNJ Document 58 Filed 07/17/23 Page 4 of 7 Case 1:21-vv-00774-UNJ Document 58 Filed 07/17/23 Page 5 of 7 Case 1:21-vv-00774-UNJ Document 58 Filed 07/17/23 Page 6 of 7 Case 1:21-vv-00774-UNJ Document 58 Filed 07/17/23 Page 7 of 7