VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_23-vv-00780
Package ID: USCOURTS-cofc-1_23-vv-00780
Petitioner: Erin Shinn
Filed: 2023-05-30
Decided: 2024-08-14
Vaccine: influenza
Vaccination date: 2021-10-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60500

AI-assisted case summary:
Erin Shinn filed a petition for compensation under the National Vaccine Injury Compensation Program on May 30, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2021. Ms. Shinn stated that the vaccine was administered in the United States and that her injuries persisted for more than six months. The respondent denied that Ms. Shinn sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these positions, the parties filed a joint stipulation on July 11, 2024, agreeing to settle the case and award compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Ms. Shinn was awarded a lump sum of $60,500.00, representing compensation for all damages available under the Vaccine Act. The decision was entered on August 14, 2024. Petitioner was represented by Heather L. Pearlman of Jacobson Press, P.C., and respondent was represented by Sarah Black Rifkin of 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 Erin Shinn alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 24, 2021. The respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. 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 $60,500.00. The public text does not detail the specific mechanism of injury, expert testimony, or the specific Table category relied upon, but the condition is identified as SIRVA, which is listed in the Vaccine Injury Table. The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision date was August 14, 2024. Petitioner's counsel was Heather L. Pearlman, and respondent's counsel was Sarah Black Rifkin.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_23-vv-00780-0
Date issued/filed: 2024-08-14
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/11/2024) regarding 24 DECISION Stipulation/Proffer, ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 23-0780V
ERIN SHINN, Chief Special Master Corcoran
Petitioner, Filed: July 11, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Matthew B. Vianello, Jacobson Press P.C., Clayton, MO, for Petitioner.
Sarah Black Rifkin, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 30, 2023, Erin Shinn 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 vaccine received on October 24,
2021. Petition at 1-5; Stipulation, filed July 11, 2024, at ¶¶ 2-4. Petitioner further alleges
that the vaccine was received in the United States, her injuries have persisted for more
than six months, and Petitioner has never filed any action, or been compensated, for her
vaccine-related injuries. Petition at ¶¶ 2, 22, 24, 25; Stipulation at ¶¶ 3-5. “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.
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 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 Page 2 of 7
Nevertheless, on July 11, 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 lump sum of $60,500.00 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 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERIN SHINN,
Petitioner, No. 23-780V (ECF)
Chief Special Master Corcoran
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Erin Shinn ("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. This vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § 100.3.
2. Petitioner received a flu vaccine on October 24, 2021.
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 claims 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 injuries.

Case 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 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 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-2 I (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $60,500.00 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 p11acticablc 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)(l), and an application, the parties will submit to further proceedings before
the special ma'iter to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. 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-l 5(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

Case 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 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 avai Ia bility 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-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 account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries lo or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccine administered on or about October 24,
2021, as alleged in a petition for vaccine compensation filed on or about May 30, 2023, in the
United States Court of Federal Claims as petition No. 23-780V.
14. If petitioner should die prior to entry ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
3

Case 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 Page 6 of 7
15. If the 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 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 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 injuries
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
4

Case 1:23-vv-00780-UNJ Document 32 Filed 08/14/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
G ~K- ~
ERIN SHINN
AITORNEYOFRECORD AUTHORIZED REPRESENTATIVE
FOR PETITIONER: OF THE ATTORNEY GENERAL:
~~Q~
HEATHER L. PEARLMAN
Jacobson Press, P.C. Deputy Director
222 S. Central Avenue, Suite 550 Torts Branch
Clayton, MO 63105 Civil Division
Tel: (314) 899-9789 U.S. Department of Justice
Email: vianello@archcitylawyers.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTA TlVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
Jeffreys.
Digltallyslgnedby
s Jeffrey S. Beach -S
Beach ('$}~11--~
Date:2024.06.25
____- __ oa:sos6-04'o0' for
CDR GEORGE REED GRIMES, MD, MPH SARAH B. RIFKIN b~ \Mf.AVil · L 1 n i • ~
Trial Attorney '.,,.,.~--
Director, Division of Injury
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 Tel: (202) 305-5997
Rockville, MD 20857 Email: sarah.rifkin@usdoj.gov
'1 / 11 }1 1>2::4
Dated:
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