VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00584 Package ID: USCOURTS-cofc-1_23-vv-00584 Petitioner: Marya Nemeh Filed: 2024-12-30 Decided: 2025-01-31 Vaccine: meningococcal conjugate, meningococcal B, and hepatitis A Vaccination date: 2020-07-07 Condition: shoulder injury related to vaccine administration ( SIRVA ) Outcome: compensated Award amount USD: 41948 AI-assisted case summary: Marya Nemeh filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2024, alleging she suffered a Table injury, specifically a shoulder injury related to vaccine administration (SIRVA), as a result of her July 7, 2020 vaccinations. The vaccinations included meningococcal conjugate, meningococcal B, and hepatitis A. Petitioner stated she received the vaccines in the United States, suffered residual effects for more than six months, and had no prior award or settlement for her injury. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccines caused any injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on October 31, 2024, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The award included a lump sum of $40,000.00 payable to Petitioner and a lump sum of $1,947.96 to reimburse a Medicaid lien for services rendered by the State of New Jersey. This total award of $41,948 represents 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_23-vv-00584-0 Date issued/filed: 2025-01-31 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 12/30/2024) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-584V MARYA NEMEH, Chief Special Master Corcoran Petitioner, Filed: December 30, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Jessica E. Choper, Britcher Leone and Sergio, LLC, Glen Rock, NJ, for Petitioner. Madylan Yarc, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 26, 2023, Marya Nemeh filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the ). Petitioner alleges that she suffered a Table injury a shoulder injury related to vaccine administration ( SIRVA ), as a result of her July7, 2020 meningococcal conjugate, meningococcal B, and hepatitis A vaccinations. Petition at 1, ¶¶ 2, 24; Stipulation, filed atOctober 31, 2024, ¶¶1-2, 4.Petitioner further alleges that she received the vaccines in 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. Petition at 1, ¶¶ 2, 6, 27; Stipulation at ¶¶ 3- 5. Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine[s] caused , or any other injury; 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 sectionreferences to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 2 of 8 Nevertheless, on December 30, 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. Pursuant to the terms stated in the attached Stipulation, I award the following compensation: a) A lump sum of $40,000.00 in the form of a check payable to Petitioner; and b) A lump sum of $1,947.96, representing reimbursement for a Medicaid lien for services rendered to petitioner by the State of New Jersey, in the form of a check payable jointly to Petitioner and Treasurer, State of New Jersey c/o Health Management Systems, Inc. P.O. Box 416522 Boston, MA 02241-6522 Medicaid ID: 233088158608 Case Number: 238852 Petitioner agrees to endorse this check to "Treasurer, State of New Jersey." 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 P 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 renouncing the right to seek review. 2 Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 3 of 8 Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 4 of 8 Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 5 of 8 Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 6 of 8 Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 7 of 8 Case 1:23-vv-00584-UNJ Document 46 Filed 01/31/25 Page 8 of 8