The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0913V
UNPUBLISHED
JACQUELINE VENABLE, Chief Special Master Corcoran
Petitioner, Filed: May 11, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Michael Johnson Dunn Brown, U.S. Department of Justice, Washington, DC, for
Respondent.
DECISION ON JOINT STIPULATION1
On June 23, 2019, Jacqueline Venable 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 she suffered left shoulder injuries related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on October
26, 2017. Petition at 1; Stipulation, filed May 11, 2022, at ¶¶ 2-4. Petitioner further alleges
that the vaccine was administered in the United States, her pain lasted longer than six
months, and neither Petitioner, nor any other party, has ever received compensation in
the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at ¶¶ 1,
8-9; Ex. 11 at 2; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused
petitioner to suffer a left shoulder injury or any other injury or her current condition, and
denies that petitioner sustained a SIRVA Table injury.” Stipulation at ¶ 6.
1
Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (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 May 11, 2022, 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 $42,000.00 in the form of a check payable 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.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
)
JACQUELINE VENABLE, )
)
Petitioner, )
) No.19•913V
v. ) ChiefSpecial Muter Corcoran
) ECF
SECRETARY OF HEALTH AND )
BUMAN SERVICES, )
)
Respondent. )
SDPULATION
The parties hereby stipulate to the foRowing matters:
1. Jacqueline Venable, petitioner, filed a petition for vaccine compensation under the
National Vaccine Iajury Compensation Prosram, 42 U.S.C. §§ 300aa-10 to .34 (the "Vaccine
Program''), The petition eceks compensation for iqjuries allegedly related ·to petitioner's receipt
of an mftuema ("flu") vaccine. which is a vaccine contained in the Vaccine htjury Table (the
''Tablo"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 26. 2017.
3. The vaccmation was administered witbm the United States,
4. Petitioner alleges that she sustained a Shoulder lajury Related to Vaccine
Admimltration as defined in the Table; she further alleges that the flu vaccine caused her alleged
shoulder injury, and that she suffered the residual effects of her allogcd iqjucy for more than sbc:
montbs.
S. Petitioner ropresent.s that there has 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 to suffer a left shoulder mjury
or any other iltjury or her current condition, and denies that petitioner sustained a SIRVA Table
injury.
7. Maintaining their above-stated positions, the parties nevortbeless now agreet\lat the
issUH between them shaD be settled and that a decision should be entered a.warding the
compensation descmd in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry of judgment reflecting a decision consi,tent with
the tem1S of thD Stipulation, and aftorpetitioner 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 lump sum of $42,000.00 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-1S(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)(.1), and an application, the partios will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in proceedmg
upon thi.t petition.
10. Petitioner and her attorney represent that compensation to be provided pursuant to
this Stipulation is not for any items or -servk;es for which the Program i1 not primarily liable
under 42 U.S.C. § 300aa-1S(g), to th~ extent that payment has been made or canreasonably be
expected to be made under any State compensation programs, insuranco policies, Federal or
State heahh benefits proa,:ams (other than Titlo XIX of the SocJal Security Aot(42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on apre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 ofthi9 Stipulation wm be made in accordance with 42 U.S.C. § 300aa-
1S(i), subject to the availability of sufficient statutory funds.
12, The parties and their attorneys further agree and stlpulate that, except for any award
for attorneys• fees and litigation costs, and past umeimbursed expenses, the money provided
pursuant to this St:ipu]ation will be used solely for the benefit of petitioner as contemp1atod by a
strict construction of 42 U.S.C. § 300aa-15(a) and (d), and subject t.o the conditions of 42 U.S.C.
§ 300aa-15(&) and (h),
13. In return for the payments descri,ed mparagraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her heirs, executors, a'1Jnmis~tors, successors or asslgns,
does forever irrevocably and unconditionally release, acquit and discharp the United States and
the Secretary of Health and Human Services from any and all actims or causes of action
(hicluding agreements, judgments, claims, damages, Joss of services, expenses and an demands
of whatever kind or na~e) that have been brought. could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccme lajuiy 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 unauspected personal iajurics 1o or death of petitioner resulting
from, or alleged to have resulted fr~ the flu vaccination administei:ed on October 26, 2017, as
allegod by petitioner in a petition for vaccine compensation filed on or about June 23, 2019, in
the United States Court of Federal Claims as petition No. 19-0913V.
14. IfpeUtioner should die prior to entry ofjudgment, this agreement shall be voidabJe
upon proper notice to the Court on behalf of either or both of the parties.
15. If the special master fails to issue a dochion in complete conformity with the terms
of this· Sq,ulation or if the Court of Fedora! Claims fail, to entor judgment in .conformity with a
decision that is .in complete conformity with the tenns of this Sq,ulation, then the parties,
settlement and this Stipulation shall be vcfdable at the som &cretion of either party.
16. This Stipulation expresses a full and complete neaotiated settlement of liability and
damages claimed under the National Childhood Vaccine I$ry Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absohltely 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 clearly agreed to. The parties further agree and understand that the award described in this
Stipula1ion may reflect a compromise of the parties' respective positions as to liability and/or
amowit of damages, and further, tbat a change in the nature of the injury or cODdition or in the
items of compensation soµght, is not grounm to modify or revise this a&reement
17. Thi, S~ulation shall not be coastrucd as an admission by the United States or the
Secretary of Health and Human Services that the flu.vaccine caused or significantly aggravated
petitioner•s alleged shoulder iajury, or any other iQjury or her CU1Tent conditlon.
18. All tights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, sucoessors, and/or assigns.
END OF STIPULATION
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Respectfully submitted,
PETITIONER:
le-<( r~ Vu c~ l.
CQUED VENABLE
ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
, JJp_ ~0'sh.P~
HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Leah V. Durant PLLC Torts Branch, Civil Division
1717 K Street, NW. Suite 900 U.S. Department of Justice
Washington, DC 20006 P.O. Boxl46
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes D1Qlttlly1lgntdbyGeorgeR.
· Grimes •51-4
-S 14 Datt: 20.U.04.05 Ol:JM0-04'00'
CDR GEORGE REED GRIMES, MD, MPH
Director, Division oflnjury Trial A y
Compensation Programs Torts Bran.ch, Civil DMSion
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O.Box 146
Admmi,tration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services (202) 30S-3989
5600 Filhers Lane, OBN 146B miebaeLj.brown3@mdoj.gov
Rockville, MD 20857
Dated: S://1 IZl