VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_22-vv-00087
Package ID: USCOURTS-cofc-1_22-vv-00087
Petitioner: Melissa Bartlett
Filed: 2022-01-28
Decided: 2025-06-11
Vaccine: influenza
Vaccination date: 2020-10-09
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
Melissa Bartlett filed a petition on January 28, 2022, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 9, 2020. Ms. Bartlett stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that no prior action or compensation had been sought for this injury. The respondent, the Secretary of Health and Human Services, denied that Ms. Bartlett sustained a SIRVA Table injury, denied that the flu 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, the parties filed a joint stipulation on May 8, 2025, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms. Bartlett was awarded a lump sum of $25,000.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The stipulation also noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs. The decision was made public as it contained a reasoned explanation. Petitioner's counsel was Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent's counsel was Felicia Langel, an attorney with the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation field:
Petitioner Melissa Bartlett alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 9, 2020. The case proceeded as a Table claim. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $25,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, dated May 8, 2025, and adopted in a decision on June 11, 2025, does not detail the specific mechanism of injury or name any experts. Petitioner was represented by Jonathan Joseph Svitak, and Respondent by Felicia Langel.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_22-vv-00087-0
Date issued/filed: 2025-06-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/08/2025) regarding 48 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:22-vv-00087-UNJ Document 54 Filed 06/11/25 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 22-0087V
MELISSA BARTLETT, Chief Special Master Corcoran
Petitioner, Filed: May 8, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 28, 2022, Melissa Bartlett 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”) resulting from an influenza (“flu”) vaccine received on October
9, 2020. Petition at 1; Stipulation, filed May 8, 2025, at ¶¶ 2-4. Petitioner further alleges
that the vaccine was administered in the United States, she has suffered the residual
effects of her injury for more than six months, and neither Petitioner, nor any other party,
has ever filed any action, or received compensation in the form of an award or settlement,
for Petitioner’s vaccine-related injury. Petition at ¶¶ 3, 22, 24, 25; Stipulation at ¶¶ 3-5.
“Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused her alleged shoulder injury, or any other injury or condition; and denies
that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
1Because 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.
2National 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-00087-UNJ Document 54 Filed 06/11/25 Page 2 of 7
Nevertheless, onMay 8, 2025,the parties filed the attachedjoint 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 $25,000.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement 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-00087-UNJ Document 54 Filed 06/11/25 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
MELISSA BARTLETT,
Petitioner, No. 22-87V
Chief Special Master Corcoran
v. ECF
SECRETA RY OF HEALT H AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Melissa Bartlett ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § 100.3(a)
2. Petitioner received the flu vaccine on October 9, 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 flu
vaccine. Petitioner further alleges that she suffered the residual effects of her alleged injury 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 the alleged injury.
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Case 1:22-vv-00087-UNJ Document 54 Filed 06/11/25 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused her alleged shoulder injury, or any other injury or condition; and denies that her
cUITent 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 ofj udgment 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 payment of$25,000.00 to be paid through an ACH deposit to
petitioner's counsel's IOLTA account for prompt disbursement 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-2l(a)(l), and an application, the parties will submit to fwther 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 Vaccine Program is not primarily
liable wider 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 Title 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
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Case 1:22-vv-00087-UNJ Document 54 Filed 06/11/25 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 attorney's fees and litigation costs, and past Wl.l'eimbursed 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-l 5(a ) and ( d), and subject to the conditions of 42
U.S.C. § 300aa-15(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-10 et seq., on accowit of, 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 vaccine administered on October 9, 2020, as
alleged in a petition for vaccine compensation fi1ed on or about January 28, 2022, in the United
States Court of Federal Claims as petition No. 22-87V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidab]e
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:22-vv-00087-UNJ Document 54 Filed 06/11/25 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 confonnity 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 narure 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 petitioner sustained a SIRVA Table injury; that the
flu vaccine caused any other injury or condition; or that her current condition is a sequela of a
vaccine-related injury.
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-00087-UNJ Document 54 Filed 06/11/25 Page 7 of 7
Respectfully submitted,
PETITIONER:
~&Jb,tt
MELISSA BARTLETT
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
..
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HEATHER L. PEARLMAN
Je ~
S NNON LAWGROUP,P.C. Deputy Director
3550 Hobson Road Torts Branch
Woodridge, IL 60517 Civil Division
jsvita.k@shannonlawgroup.com U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
Jeffreys.
Digitally signed by
Jeffrey S. Beach •S
-S
Beach Date:2025.04.29
09;26:39 .04•00· for
CAPT GEORGE REED GRJMES, MD, MPH FELICIA D. LANGEL
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, 08W-25A (202) 305-3148
Rockville, MD 20857 felicia.d.langeJ@usdoj.gov
67
6
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Dated:
---------
5
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