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:
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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..$
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