In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
*********************
SHAWN SHORKEY, *
* No. 15-768V
Petitioner, * Special Master Christian J. Moran
*
v. *
* Filed: March 16, 2017
SECRETARY OF HEALTH *
AND HUMAN SERVICES, * Stipulation; influenza (“flu”) vaccine;
* chronic inflammatory demyelinating
Respondent. * polyneuritis (“CIDP”).
*********************
Lawrence R. Cohan, Anapol Weiss, Philadelphia, PA, for Petitioner;
Colleen C. Hartley, U.S. Dep’t of Justice, Washington, DC, for Respondent.
UNPUBLISHED DECISION1
On March 16, 2017, the parties filed a joint stipulation concerning the
petition for compensation filed by Shawn Shorkey on July 23, 2015. In his
petition, petitioner alleged that the influenza (“flu”) vaccine, which is contained in
the Vaccine Injury Table, 42 C.F.R. §100.3(a), and which he received on
November 15, 2012, caused him to suffered chronic inflammatory demyelinating
polyneuritis (“CIDP”). Petitioner further alleges that he suffered the residual
effects of this injury for more than six months. Petitioner represents that there has
been no prior award or settlement of a civil action for damages on his behalf as a
result of his condition.
Respondent denies that the flu vaccine caused petitioner’s alleged CIDP or
any other injury and further denies that his alleged current disabilities are a sequela
of a vaccine-related injury.
1
The E-Government Act, 44 U.S.C. § 3501 note (2012) (Federal Management and
Promotion of Electronic Government Services), requires that the Court post this decision on its
website. Pursuant to Vaccine Rule 18(b), the parties have 14 days to file a motion proposing
redaction of medical information or other information described in 42 U.S.C. § 300aa-12(d)(4).
Any redactions ordered by the special master will appear in the document posted on the website.
Nevertheless, the parties agree to the joint stipulation, attached hereto as
Appendix A. The undersigned finds said stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
Damages awarded in that stipulation include:
A lump sum payment of $35,000.00 in the form of a check payable to
petitioner, Shawn Shorkey. This amount represents compensation for
all damages that would be available under 42 U.S.C. § 300aa-15(a).
In the absence of a motion for review filed pursuant to RCFC, Appendix B,
the clerk is directed to enter judgment in case 15-1329V according to this decision
and the attached stipulation.2
IT IS SO ORDERED.
S/Christian J. Moran
Christian J. Moran
Special Master
2
Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each
party filing a notice renouncing the right to seek review by a United States Court of Federal
Claims judge.
2
IN TliK'UNlTE'J) STAT.ES Cf)URT OF JrE))l~RAL CLAIMS
. OFFICE OF SPECIAL MASTERS
)
SHAWN SHORKEY, )
')
Petitioner, ) No. 15-768V (ECF)
) Special Master Moran
'v. }
)
SECRETARY OF HEALTI-l AND )
HU1\IIAN SERVICES, )
)
Respondent. )
-----_,......-~- -~~--- · ·~------~
STIPULATION
The parties hereby stipulate ti,) the fo llowing matte1·s:
I, Pctilioner, Shawn Shorkey, filed a petiti ot~ forvnccine compensation undel' the Natio nal
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-1 0 lo 34 (the ''Vaccine Program"). The
pctitio1) seeks co1npe1isution for injuries allegedly related to petitlonel''s i·eceipt of the influenza
("flu'') vaccine, which vaccine is contained in llic Vaccine lnjmy Table-(the "Table"), 42 C.F.R. §
l 00.~ (a).
2. Petitioner received n flu vaccine on or nbout November I 5, 2012.
J . The vaccine was administered within the United States.
4. Petitionc1; all eges that he suffered chronic inflnmmC\tory demyclinating po!ynem!tis
(';CJDP") ns a consequence of the flu imlnuoizat ion he received on or about November 15, 20 12,
and fu1ther al le$es that he suffered the res idual . ~ffects of this injliry for m9re than six m9nths.
5. Petitioner represents tl?~t there has been no pl'ior award 01· scttleine1it of u civil nction
for damages on his behalf as a result of his cond itio n.
. Page 1 ofS .
6. Respondent cl~nies that the ·~u vaccine caused petitioner's alleged CIOP or any other
injury and ~urthcr denies th;it his alleged ClllTCnt disnbilities nre a sequela of a vaccine-related
injury.
7. Maint~ining their apove~stilt~d positions, the parties nevertheless now agree ·that the
issues bet\veen them shnll be settled o I U.S. Department of Justice
P. 0 . Rox 146
13enj amin Franklin Station
Washington, D.C. 20044-0 146
AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RT~C ORD FOR.
THE S ECRETAHY~f HEALTH AND RESPONDENT:
HUMANS VICES/,,
JJ.
NAR r\ YAN
L - ~~--
, R, M.D.
(kr;rJtr-
COLLEEN C. HARTLl:Y
Director, Di vision of Trial Allorney
lnj my Compensati on Programs (DICP) Torts Branch, Civil Divis ion
Healthcare Systems Bureau U.S. Department of Justice
U.S. Departm ent of Hea lth P.O. 13ox 146
and Human Services Benjam in Franklin Station
5600 Fishers Lune Washington, D.C. 20044-0 146
Park lawn Building, Stop-08N I46B Tel: (202) 6 16-3644
Rockville, MD 20857
Dated :
Pagt:: 5 of 5
Shorkey v. Secretary of Health and Human Services
Combined Opinion