Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 23-2115V YUZE SHAO, Chief Special Master Corcoran Petitioner, Filed: March 14, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Dorian Hurley, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION [1]
On December 13, 2023, Yuze Shao 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 he suffered a shoulder injury related to vaccine administration (“SIRVA”) following an HPV vaccination he received on August 20, 2021. Petition at ¶ 1; Stipulation, filed at March 13, 2025, ¶¶ 2, 4. Petitioner further alleges that his symptoms have persisted for longer than six months. Petition at ¶ 12; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the HPV vaccine caused Petitioner’s alleged shoulder injury, or any other injury; denies that Petitioner suffered the residual effects of his alleged injury for more than six months; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
*2 Nevertheless, on March 13, 2025, 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 $22,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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. [4]
IT IS SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master
*3 Vinesign Document ID: CD66FDDE-7493-4AF8-B75B-315715C8A0C5 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS YUZE SHAO, Petitioner, No. 23-211 SV Chief Special Master Corcoran
ECF
v. SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters: 1. Yuze Shao ("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 a human papillomavirus ("HPV") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a HPV vaccine on August 20, 2021. 3. The vaccine was administered within the United States. 4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury. The signed document can be validated at https://app.vinesign.comNerify
NOTES
[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).
[3] The filed Stipulation included an electronic signature page that has been removed from the attachment to protect the confidential information of the signers.
[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