VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00747 Package ID: USCOURTS-cofc-1_23-vv-00747 Petitioner: Muskan Wadhwa Filed: 2023-12-12 Decided: 2025-01-13 Vaccine: influenza Vaccination date: 2022-03-03 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 55000 AI-assisted case summary: Muskan Wadhwa filed a petition for compensation under the National Vaccine Injury Compensation Program on December 12, 2023, alleging a shoulder injury related to vaccine administration (SIRVA) after receiving influenza and Tdap vaccines on March 3, 2022. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the alleged shoulder injury or any other condition, and denied that Petitioner sustained a SIRVA Table injury. The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, or treatments received. The parties subsequently filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Ms. Wadhwa was awarded a lump sum of $55,000.00, payable to Petitioner, representing compensation for all items of damages available under the program. The decision directs the Clerk of Court to enter judgment in accordance with this award, unless a motion for review is filed. Theory of causation field: Petitioner Muskan Wadhwa received influenza and Tdap vaccines on March 3, 2022. Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) as defined in the Vaccine Injury Table, and that these vaccines caused the injury, with residual effects lasting more than six months. Respondent denied causation and that a SIRVA Table injury occurred. The public decision does not name experts or describe a specific mechanism of injury. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted. An award of $55,000.00 was made. Attorneys for Petitioner were Maximillian J. Muller of Muller Brazil, LLP, and for Respondent was Mark Kim Hellie of the U.S. Department of Justice. The decision was issued on January 13, 2025. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_23-vv-00747-0 Date issued/filed: 2025-01-13 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 12/12/2024) regarding 21 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-747V MUSKAN WADHWA, Chief Special Master Corcoran Petitioner, v. Filed: December 12, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Maximillian J. Muller, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 22, 2023, Muskan Wadhwa filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On March 3, 2022, Petitioner received influenza (“flu”) and tetanus- diphtheria-acellular pertussis (“Tdap”) vaccines, which are vaccines contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she sustained a shoulder injury related to vaccine administration (“SIRVA”) as defined in the Table; she further alleges that the flu and Tdap vaccines caused her alleged shoulder injury, and that she suffered the residual effects of her alleged injury for more than six months. Respondent denies that the flu and/or Tdap vaccines caused Petitioner to suffer a shoulder injury or any other injury or her current condition; and denies that Petitioner sustained a SIRVA Table injury. 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 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 2 of 7 Nevertheless, on December 11, 2024, the parties filed the attached joint stipulation,3 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 $55,000.00 in the form of a check payable to Petitioner. Stipulation ¶ 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 In attaching the parties’ joint stipulation, I have omitted the last page – an RSign form that includes personal information regarding Petitioner. 4 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 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 3 of 7 Case 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 4 of 7 Case 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 5 of 7 Case 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 6 of 7 Case 1:23-vv-00747-UNJ Document 25 Filed 01/13/25 Page 7 of 7