The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-912V
KAYLA BROWN, Chief Special Master Corcoran
Petitioner,
v. Filed: June 11, 2024
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
Mitchell Jones, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On February 11, 2021, Kayla Brown filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the
“Vaccine Act”). On September 29, 2020, Petitioner received an influenza (“flu”) vaccine,
which vaccine is contained in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she sustained a shoulder injury related to vaccine administration
(“SIRVA”) as set forth in the Table. Petitioner further alleges that she experienced the
residual effects of this condition for more than six months.
Respondent denies that Petitioner sustained a SIRVA, as defined in the Table;
denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury;
and denies that his current condition is a sequela of a vaccine-related injury.
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 (2012).
Nevertheless, on June 11, 2024, 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 $30,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all items of damages that would be available
under Section 15(a). Stipulation at ¶ 8.
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 In attaching the parties’ joint stipulation, I have omitted the last page – a Nintex form that includes personal
information regarding Petitioner.
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
IN THE UNITED ST ATES COURT OF :FEDERAL CLAll\-lS
OFFICE OF SPECIAL MASTERS
)
KAYLA BROWN, )
)
Petitioner, )
) No. 21-912V (ECF)
V. ) Chief Special Master Corcoran
)
SECRETARY OFHEALTII )
AND HUMAN SERVICES, )
)
Respondent.
_________________ )
)
STIPULATION
111e parties hereby stipulate to the following matters:
1. Kayla Brown ("petitioner") filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l 0 et seq. (the "Vaccine
Program''). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table""), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on September 29, 2020 in her le.fl arm.
3. 1l1e vaccination was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration
("SIRVA") as set forth in the Table. Petitioner further alleges that she experienced the residual
effects of this condition for more than six months.
5. Petitioner represents that there hac; been no prior award or settlement of a civil action
for damages on her behalf as a result of her condition.
6. Respondent denies that the flu vaccine caused petitioner's alleged injury. or any other
injury. and further denies that petitioner's current disabilities arc scquclae 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 of judgment 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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lwnp sum of $30,000.00, 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- l 5(a).
9. As soon as practicable after the entry ofjudgment 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 master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
10. 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 liah le
under 42 U.S.C. § 300aa-15(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 lJ. S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation 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 availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will he used solely for petitioner's benefit as contemplated by a strict
constrnction of 42 C.S.C. §§ 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C.
§§ 300aa-15(g) and (h).
13. In retum 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 alJ demands
of whatever kind or nature) thai 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 w1suspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the flu vaccination administered on September 29, 2020,
as alleged hy petitioner in a petition filed on February 11, 2021, in the United States Court of
Federal Claims as petition No. 21-912V.
14. lf petitioner should die prior to entry ofjudgment, this agreement shaH be voidable
upon proper notice to the Court on behaU' of either or both of the parties.
15. lf the special master fails to issue a decision in complete confom1ity with the tcnns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in confom1ity with a
decision that is in complete confonnity 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 otheIWise 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 dearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the pa11ies ' 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 il\iury,
or any other i'liury, or that her cun-ent disabilities are sequelae of her alleged vaccine-related
injury.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs. executors, administrators, successors, and/or assigns.
END OF STIPULATION
Respectfully submitted,
PETITIONER:
............ Kayla Brown .......,,...... ....,,~]
[
•••:::•-::::"''.:.,..=====================----••~c..., _...,_.,..,no,.."""'
KAYLA BRO\VN
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
FQ ETITIONER: OF THE ATTORNEY GENER.\L:
....A-v ~ V. Pe wd»v:-----
HEATHER L. PEARLMAN
Maglio Christopher & Toale, P.A. Deputy Director
1605 Main St. Suite 710 Torts Branch
Sarasota, FL 34236 Civil Division
Tel: (888) 952-5242 U.S. Department of Justice
jolins@mctlaw.com P.O. Box 146
Benjamin f'ranklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HL'MAN SERVICES:
jeffrey $. ?.t:~ ~red by Jeffrey
Beach
-S 0ate: 2024.os.2s ,s:16:56
-----· -01·00· for
CDR GEORGE REED GRIMES, MD, MPH MITCHELL JONES
Director, Division of Injury Trial Attorney
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 Ber~amin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-25A Tel: (202) 305-1748
Rockville, MD 20857 mitchell.jones(_~usdoj .gov
Dated: