Opinion

Metzger v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
Mar 28, 2025
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 22-1715V

STACI METZGER, Chief Special Master Corcoran

Petitioner, Filed: February 25, 2025

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for

Respondent.

DECISION ON JOINT STIPULATION1

On November 18, 2022, Staci Metzger filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the

“Vaccine Act”). She filed an amended petition on August 21, 2023, ECF No. 23. Petitioner

alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a

defined Table injury, or in the alternative a causation-in-fact injury, after receiving an

influenza (“flu”) vaccine October 29, 2020. Amended Petition at 1, ¶ 3; Stipulation, filed

at February 24, 2025, ¶¶ 1-2, 4. Petitioner further alleged that she received the vaccine

within the United States, that she suffered the residual effects of the SIRVA for more than

six months, and that neither she nor any other party has filed a civil action or received

compensation for her SIRVA, alleged as vaccine caused. Petition at ¶¶ 41-43; Stipulation

at ¶¶ 3-5. “Respondent denies that [P]etitioner suffered the onset of her alleged SIRVA

within the Table timeframe; denies that the flu vaccine caused [P]etitioner’s alleged

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).

shoulder injury or any other injury and further denies that her current disabilities are a

sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on February 24, 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:

1. A lump sum payment of $48,000.00, to be paid through an ACH deposit to

Petitioner’s counsel’s IOLTA account for prompt disbursement to

Petitioner; and

2. A lump sum payment of $8,190.38, representing reimbursement of a

Medicaid lien for services rendered to Petitioner by the State of Oregon, in

the form of a check payable jointly to Petitioner and the CareOregon:

ExlService.com LLC

Re- Staci Metzger, No. MEMB00001178251

111 Ryan Court Suite 300

Pittsburgh, PA 15205.

Petitioner agrees to endorse the check to CareOregon for satisfaction of the Medicaid

lien. 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 The last page (6) of the stipulation, which contains information related to personal emails confirming the

signatures on page 5, has been removed in order to protect this personal information.

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 STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

STACI METZGER,

Petitioner, No. 22-1715V

Chief Special Master Corcoran

V. SPU

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Petitioner, Staci Metzger, filed a petition for vaccine compensation under the National

Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The

petition seeks compensation for injuries allegedly related to petitioner' s receipt of the 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 or about October 29, 2020.

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 flu immunization she received on or about October 29, 2020,

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 6

6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the

Table timeframe; denies that the flu 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.

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)(!), the Secretary of Health and Human Services will issue the

following vaccine compensation payments:

a. A lump sum of $48,000.00 to be paid through an ACH deposit to

petitioner's counsel's IOL TA account for prompt disbursement to

petitioner; and

b. A lump sum of $8,190.38, 1 representing reimbursement of a Medicaid lien

for services rendered to petitioner by the State of Oregon, in the form of a

check payable jointly to petitioner, and the CareOregon:

ExlService.com LLC

Re- Staci Metzger, No. MEMB0000 1178251

111 Ryan Court Suite 300

Pittsburgh, PA 15205

Petitioner agrees to endorse this check to CareOregon. These amounts represent

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.

1

This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or

cause of action the State of Oregon may have against any individual as a result of any Medicaid

payments the CareOregon Program has made to or on behalf of Staci Metzger, as a result of her

alleged vaccine-related injury suffered on or about October 29, 2020, under Title XIX of the

Social Security Act, see 42 U.S.C. § 300aa-l 5(g), (h).

Page 2 of 6

§ 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 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.

11. Payments made pursuant to paragraph 8 of this Stipulation and any amounts awarded

pursuant to paragraph 9 will be made in accordance with 42 U.S.C. § 300aa-l 5(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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided

pursuant to this Stipulation will be used solely 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-15(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, could have been brought, or could be timely brought in the

United States Cou,1 of Federal Claims, under the National Vaccine Injury Compensation Program,

Page 3 of 6

42 U.S.C. § 300aa-l O 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 flu vaccination administered on or about October 29, 2020, as

alleged by petitioner in a petition for vaccine compensation filed on or about November 18, 2022

in the United States Court of Federal Claims as petition No . 22-1715V.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable

upon proper notice to the Court on behalf of either or both of the parties.

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 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 otherwise noted in paragraph 9 above. There is absolutely no agreement on the part 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 further agree and understand that the award described in this

Stipulation may reflect a compromise of the parties ' respective positions as to liability and/or

amount of damages, and fu11her, that a change in the nature of the injury or condition or in the

items of compensation sought, is not grounds to modi fy 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 shoulder

injury or any other injury or any of her current disabilities.

Page 4 of 6

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's

heirs, executors, administrators, successors, and/or assigns.

END OF STJPULA TION

Page 5 of 6

Respectfully submitted,

PETITIONER:

~/IU---t~

ST ACT METZGER

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE

PETITIONER: 0 F THE ATTORNEY GENERAL:

/<o,,af cfC.f/41nrt(lttN~ ·e/J

RONALD C. HOMER.SQ. j&.Jt J{ //l} /;;_) HEATHER L. PEARLMAN

Conway Homer, P.C. Deputy Director

16 Shawmut Street Torts Branch

Boston, MA 02116 Civil Division

Tel: (617) 695-1990 U.S. Department of Justice

rhomcr@ccandh.com P.O. Box 14t1

Benjamin Franklin Station

Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR

THE SECRETARY OF HEAL TH AND RESPONDENT:

HUMAN SERVICES:

I ff S Digitally signed by Jeffrey

~e rey • S. Beach-$ µ1o.1..~(3~rt--1

Beach -S ~~'.~~~02s.02.1808:3s:os for

~~t.-P<-~

CAPT GEORGE REED GRIMES, MD. MPH MALLORl B. OPENCHOWSKf

Director, Division oflnjury Trial Attorney

Compensation Programs Torts Branch, Civil Division

Health Systems Bureau U.S. Department of Justice

Health Resomces and Services P.O. Box 146

Administration Benjamin Franklin Station

U.S. Department of Health Washington. D.C. 20044-0146

and Human Services Tel: (202) 305-0660

5600 Fishers Lane, 08W-25A mallori.b.opencbowski@usdoj.gov

Rockville, MD 20857

Dated: 0 i,k,-4 /t.D'l..$

Page 6 of6

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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