The opinion
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0687V
UNPUBLISHED
ELIZABETH BROWN, Chief Special Master Corcoran
Petitioner,
v. Filed: July 21, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu); Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA).
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Dhairya Divyakant Jani, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 8, 2020, Elizabeth 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 October 23, 2018, Petitioner received an influenza (“flu”) vaccine,
which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a).
Petitioner alleges that she suffered from a right shoulder injury related to vaccine
administration (“SIRVA”) as a result of receiving the flu vaccine, and that she suffered the
residual effects of this injury for more than six months.
Respondent denies that Petitioner sustained a SIRVA Table injury within the Table
time period and further denies that the flu vaccine caused Petitioner to suffer a right
shoulder injury or any other injury or her current condition.
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am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.
2National 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 July 21, 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:
x A lump sum of $32,395.00 in the form of a check payable to Petitioner.
x A lump sum payment of $1,425.65, representing compensation for
satisfaction of the Commonwealth of Virginia Medicaid lien, payable
jointly to Petitioner and:
Department of Medical Assistance Services
Account Receivable Unit, TPLC, 8th Floor
600 E. Broad Street
Richmond, VA 23219
Petitioner agrees to endorse this payment to the Commonwealth of
Virginia. This lump sum represents full satisfaction of any right of
subrogation, assignment, claim, lien, or cause of action that the
Commonwealth of Virginia had made to or on behalf of Elizabeth Brown
from the date of eligibility for benefits through the date of judgment in
this case as a result of her alleged vaccine-related injury suffered on or
about October 23, 2018, under Title XIX of the Social Security Act.
These amounts represent 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.
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
*****************************
ELIZABETH BROWN, *
*
Petitioner, *
*
V. * No. 20·687V (ECF)
* CHIEF SPECIAL MASTER
* BRIAN H. CORCORAN
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*****************************
STIPULATION
The parties hereby stipulate to the following matters:
I. Elizabeth Brown, petitioner, tiled 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 an influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the
"Table"}, 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on October 23, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from a right shoulder injury related to vaccination
administration ("SIRVA") as a result of receiving the flu vaccine, and suffered the residual
effects of this alleged 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.
6. Respondent denies that petitioner sustained a SIRVA injury within the Table time
period, and further denies that the flu vaccine caused petitioner to suffer a right shoulder injury
or any other injury or her current condition.
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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 l (a)( 1), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
a. A lump sum of $32,395.00 in the form of a check payable to petitioner; and
b. A lump sum payment of $1,425.65, representing compensation for satisfaction of the
Commonwealth of Virginia Medicaid lien, payable jointly to petitioner, and
Department of Medical Assistance Services
Account Receivable Unit, TPLC, 8 th Floor
600 E. Broad Street
Richmond, VA 23219
Petitioner agrees to endorse this payment to the Commonwealth of Virginia. This lump sum
represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action
the Commonwealth of Virginia had made to or on behalf of Elizabeth Brown from the date of
her eligibility for benefits through the date of judgment in this case as a result of her alleged
vaccine-related injury suffered on or about October 23, 2018, under Title XIX of the Social
Security Act.
The above lump sum amounts represent compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
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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)( I), 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.
l 0. 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 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 unreimbursed 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- l S(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 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 all demands
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of whatever kind or nature) that 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-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 October 23, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about June 8, 2020, in the
United States Court of Federal Claims as petition No. 20-687V.
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 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 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
Stipulation may reflect a compromise of the parties' 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.
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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 to have a right
shoulder injury, or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner' s
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Respectfully submitted,
PETITIONER:
~~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETfflONER; OF THE ATTORNEY GENERAL:
.....J-ie ~\J-P-GJJUlJ----_
HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Muller Brazil, LLP Torts Branch. Civil Division
71 sTwining Roed. Swtc 208 U.S. Department of Justice
Dresher. PA 19025 P.O. Box 146
leigh@myvacc:inelerwyer.com Benjamin Franklin Station
Wmington, DC 20044.0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RES NDENT:
AND HUMAN SERVICES:
George R. Grimes. lllgftlllf llp,ed ll,"-9eA.
Grlifta •S14
S14 Dllr.XIUJl7.IJ l.07:22-o6'G)'
CDR GEORGE REED GRIMES, MD, MPH
Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch. Civil Division
Health Systems BUn!SU U.S. Department of Justice
Health Resources and Services P.O. Box 146
Adminisuatlon BenJamln Franklin Station
or
U.S. Department Health and Washington. DC 20044-0146
Human Services 202-616-4356
5600 Fishers Lane. 08N 1468 Email: DbairyaJani@usdoj.gov
Rockville, MD 20857
Dated:
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