VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00034
Package ID: USCOURTS-cofc-1_22-vv-00034
Petitioner: Sherry McNey
Filed: 2022-01-11
Decided: 2024-02-09
Vaccine: influenza
Vaccination date: 2020-10-02
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 20000

AI-assisted case summary:
Sherry McNey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2020. She claimed her SIRVA symptoms persisted for more than six months. Respondent denied that Ms. McNey sustained a SIRVA Table injury, that the vaccine caused her injury, or that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding Ms. McNey a lump sum of $20,000.00 as compensation for all damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages. The case was resolved via stipulation, with the court approving the agreed-upon compensation amount.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00034-0
Date issued/filed: 2024-02-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/09/2024) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0034V
SHERRY MCNEY, Chief Special Master Corcoran
Petitioner, Filed: January 9, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 11, 2022, Sherry McNey 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”) following an influenza vaccination she received on October 2,
2020. Petition at 1; Stipulation, filed at January 8, 2024, ¶¶ 2, 4. Petitioner further alleges
that her “SIRVA symptoms persisted for more than six months.” Petition at ¶ 7; Stipulation
at ¶ 4. “Respondent denies that “Petitioner sustained a SIRVA Table injury; denies that
the 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.” Stipulation at ¶ 6.
Nevertheless, on January 8, 2024, 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 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 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $20,000.00 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 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 3 of 7
Vinesign Document ID: 3F17C385-A904-4034-80AE-3F42A452B91 C
IN mE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SHERRY MCNEY.
Petitioner, No. 22-34V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALT H AND
HUMAN SERVICES,
Respondent
STIPULATION
The parties hereby stipulate to the following matters:
1. Sherry McNey ("petitioner''), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("t1u") vaccine, which vaccine is contained in the Vaccine lnjury Table (the
"Table"), 42 C.F.R. § I 00.J(a)
2. Petitioner received a flu vaccine on October 2, 2020, in her left ann.
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. 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 on her behalf as a result of her alleged injury.
1
The signed document can be validated at https://app.vinesign.comNerify

Case 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury or any other injury; and denies that her
current condition is a sequeJa of a vaccine-reJated 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 ofj udgment reflecting a decision consistent with
the tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuantto 42 U.S.C. § 300aa-21(a)(I), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $20,000.00 in the fonn of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry ofj udgment 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 submitto further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be
expected to be made under any State compensation programs, insurance policies, Federal or
State health benefits programs (other than Tide XIX of the Social Security Act (42 U.S.C.
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis.
2

Case 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 5 of 7
1 I . 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-l 5(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 attorney's 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-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalfo f 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-10 et seq., on accountof,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 October 2. 2020, as
alleged in a petition for vaccine compensation filed on or about January 11, 2022, in the United
States Court of Federal Claims as petition No. 22-34V.
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 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 6 of 7
t 5. lfthe special master fails to issue a decision in complete conformity with the tenns
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 tenns 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 the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, 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 1:22-vv-00034-UNJ Document 38 Filed 02/09/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
~~
SHERRY MCNEY
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~
\i.
, .&1,/ ~ PcJLh111c--
LAURAJ.LEYENBERG HEATHER L. PEARLMAN -..
MULLER BRAZIL Deputy Director
715 Twinning Road, Ste. 208B Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
laura@mullerbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0 I 46
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Tamara D.
Oiglt.111ySignedbyTamara
O.Owtby-S
Overby _
5 ~~~~023.12.2211:41:11
10PAJ%WI§
CDR GEORGE REED GRIMES, MD, MPH
Director, Division of Injury T al Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services Administration U. S. Department of Justice
U. S. Department of Health and P.O. Box 146
Human Services Benjamin Franklin Station
5600 Fishers Lane, 08W-25A Washington, DC 20044-0146
Rockville, MD 20857 (202) 451-7495
joseph.a.lewis@usdoj.gov
'i' ,
Dated: J:n..,,, J.. 0). 't
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