# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19

- 297 V

UNPUBLISHED

SHELLEY E. SHLAPAK

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: November 23, 2020

Special Processing Unit (SPU); Joint Stipulation on Damages; Pneumococcal Conjugate Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Michael G. McLaren, Black McLaren Jones Ryland & Griffee, P.C., Memphis, TN , for petitioner.

Camille Michelle Collett , U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION 1

On February 25, 2019

, S helley E . Shlapak 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 s houlder injury related to vaccine administration ( “ SIRVA ” ) as a r esult of a p neumococcal c onjugate vaccine administered

on Ma rch 21, 2017 . Petition at 1 ; Stipulation

, fil ed on November 18, 2020

, at ¶¶ 1

- 2 , 4

. Petitioner further alleges that the vaccine was administered within the United State s; that

she suffered the residual effects of her alleged injury for more than six months; and that

there has been no prior award or settlement of a civi l action for damages on her behalf

as a result of her condition . Petit ion at 1

- 2, 7 ; Stipulation at ¶¶ 3

- 5

. “Respondent denies that petitioner sustained a SIRVA Table injury, or any other injury or condition, and further denies that the vaccine caused pe titioner ’ s alleged shoulder injury. ” Stipulation at ¶ 6.

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 w hich 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

- 6 60, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

Nevertheless, o n November 18, 2020

, 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 term s stated in the attached Stipulation

, I award the following compensation:

A lump sum of $ 45,000.00 in the form of a check payable to P etitioner

. Stipulation at ¶ 8. This amount represents compensation for all items of damages

that wo uld be available under Section 15 (a). Id

.

I approve the requested amount for P etitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the 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 filin g of notice renouncing the right to seek review.