# Stine v. Secretary of Health and Human Services > United States Court of Federal Claims · June 17, 2024 URL: https://www.frixlaw.com/law-library/cases/10734980 ## Case - **Court:** United States Court of Federal Claims - **Decided:** June 17, 2024 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Brian H. Corcoran - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10734980 ## Opinion text In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-0641v TERESA STINE, Chief Special Master Corcoran Petitioner, v. Filed: May 16, 2024 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Brian L. Cinelli, Marcus & Cinelli, LLP, Williamsville, NY, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 12, 2021, Teresa Stine 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 or about November 12, 2019, Petitioner received a tetanus-diphtheria- acellular pertussis (“Tdap”) 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 a consequence of the Tdap vaccination, and further alleges that she experienced the residual effects of this injury for more than six months. 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). Respondent denies that Petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the Tdap vaccine caused Petitioner’s alleged shoulder injury, or any other injury; and further denies that her current disabilities are a sequela of a vaccine-related injury. Nevertheless, on May 16, 2024, 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 $80,144.06, 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.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. 2 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS TERESA STINE, Petitioner, No. 21-641 V Chief Special Master Corcoran V. SPU SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Petitioner, Teresa Stine, 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 the tetanus acellular pertussis (" Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the " Table"), 42 C.F .R. § I 00.3 (a). 2. Petitioner received a Tdap vaccine on or about November 12, 2019. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (" SIRVA") as a consequence of the Tdap immunization she received on or about November 12, 2019, and further alleges that she suffered the residual effects of this 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 her behalf as a result of her condition. Page 1 of 5 6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the Tdap vaccine caused petitioner' s alleged shoulder injury or any other injury and fmther denies that her cunent disabilities are a sequela of a vaccine-related injury. 7. Maintaining their above-stated positions, the patties 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $80, 144.06, in the form of a check payable to pet1t1oner, representing compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 9. As soon as practicable after the entry of judgment 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-2 l (a)(l ), and an application, the parties will submit to fu1ther 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 they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U .S.C. § 300aa-l 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or entities that provide health services on a prepaid basis. Page 2 of 5 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 wi ll be made in accordance w ith 42 U .S.C. § 300aa-l 5(i), subject to the availability of sufficient statutory funds. 12. The pai1ies and their attorneys fm1her agree and stipulate that, except for any award for attorney's fees and litigation costs, and past unreimbursable expenses, the money provided pursuant to this Stipulation wi ll be used so lely for the benefit of petitioner as contemplated by a strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors, and 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 all demands of whatever kind or nature) that have been brought, cou ld have been brought, or cou ld be timely brought in the United States Court of Federal C laims, 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 unsuspected personal injuries to or death of petitioner resulting from , or alleged to have resulted from , the Tdap vaccination adm inistered on or about November 12, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about January 12, 2021 in the United States Co u11 of Federal Claims as petition No. 21-641 V. 14. If petitioner shou ld die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Co u11 on behalf of either or both of the pa11ies. Page 3 of 5 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties ' settlement and this Stipulation shall be voidable at the sole discretion of either pa1iy. 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 otherwise noted in paragraph 9 above. There is absolutely no agreement on the pa1i of the parties hereto to make any payment or do any act or thing other than is herein expressly stated and clearly agreed to. The parties fmiher agree and understand that the award described in this Stipulation may reflect a compromise of the pa1iies ' 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 Tdap vaccine caused petitioner's alleged shoulder injury or any other injury or any of her current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner' s heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION Page 4 of 5 ; ,: -::i:?~iF_RECORD FORL~,d • . ll~ -c~ C S;: •• Schii;fqiather C~~lli Adolf LLP .• 8416 Main-Street, Suite 100 · Buffalo,-.NY:14203 • l;'el;.(7i6)'565.-3800 :· bcin~lli@sc~ttc:irn:eys.co:m ,,, ,. ~! -- - • -- -:- -- ··- .}\!~. t,-:?':f•: --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10734980. Public record. Not legal advice.