In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 19-1053V 

UNPUBLISHED 

KAREN YAECK, 

 Petitioner, 

v. 

SECRETARY OF HEALTH AND 

HUMAN SERVICES, 

 Respondent. 

Chief Special Master Corcoran 

Filed: September 23, 2021 

 

Special Processing Unit (SPU); Joint 

Stipulation on Damages; Influenza 

(Flu) Vaccine; Shoulder Injury 

Related to Vaccine Administration 

(SIRVA) 

 

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. 

Claudia Barnes Gangi, U.S. Department of Justice, Washington, DC, for Respondent. 

DECISION ON JOINT STIPULATION1

 On July 22, 2019, Karen Yaeck 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 she suffered a Table injury – Shoulder Injury 

Related to Vaccine Administration (“SIRVA”) – as a result of her October 13, 2017 

influneza (“flu”) vaccination. Petition at 1; see Stipulation, filed September 21, 2021, ¶¶ 

1-2,4. Petitioner further alleges the vaccine was administered within 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. Stipulation at ¶¶ 3, 4-5; see Petition at ¶¶ 2, 19-21. “Respondent denies that 

[P]etitioner sustained a Table SIRVA injury; denies that the vaccine caused [P]etitioner’s 

alleged shoulder injuries; or any other injury; and denies that her current condition is a 

sequela of a vaccine-related 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1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am 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 EGovernment 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 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 (2012). 
2

Nevertheless, on September 21, 2021, 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 $100,000.00 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 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 filing of notice 

renouncing the right to seek review.