Connors v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-2206V

STACEY CONNORS, Chief Special Master Corcoran Petitioner, Filed: November 21, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On November 23, 2021, Stacey Connors 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 a Table injury – a shoulder injury related to vaccine administration (“SIRVA”), as a result of her receipt of an influenza (“flu”) vaccination on October 10, 2019. Petition at 1; Stipulation, filed at November 21, 2023, ¶¶ 1-2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 9-11. “Respondent denies that [P]etitioner sustained injuries including SIRVA; denies that the flu vaccine caused or significantly aggravated [P]etitioner's alleged left shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on November 21, 2023, 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 $15,000.00 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

Vinesign Document ID: A2102EA5-477F-4134-93FC-FC86D7C4ABB8

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

STACEY CONNORS, Petitioner, No. 21-2206V V. Chief Special Master Corcoran ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: l. Petitioner, Stacey Connors, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner' s receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a).

2. Petitioner received a flu vaccine in her left deltoid on or about October l 0, 2019.

3. The vaccine was administered within the United States.

4. Petitioner alleges that she subsequently developed a shoulder injury related to vaccine administration ("SIRVA") as a result of her vaccination. She further alleges that she has experienced 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.

The signed document can be validated at https://app.vinesign.comNerify 6. Respondent denies that petitioner sustained injuries including SIRVA; denies that the flu vaccine caused or significantly aggravated petitioner's alleged left shoulder injury, or any other injury; and denies that her current condition is a sequelae 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 ofjudgment 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)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $15,000.00 in the form of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa-l 5(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 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.

I0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-15(g), to the extent that payment has been made or can reasonably be expected to be made under any 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 by entities that provide health services on a pre-paid basis.

11 . Payment made pursuant to paragraph 8 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, 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 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 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 Oet 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 a flu vaccine administered on or about October 10, 2019, as alleged by petitioner in a petition for vaccine compensation filed on or about November 23, 2021, in the United States Court of Federal Claims as petition No. 21-2206V.

14. If petitioner should die prior to entry ofjudgment, 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 I 986, 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.

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 injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table.

18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STlPULATION I I I I I I I I I I I I Respectfully submitted,

PETITIONER:

~ STACEY CONNORS ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: IIA ,,,, ,I D- OF THE ATTORNEY GENERAL: Alm;t:J'm ill II/fl 1 vlrl/,c-,,..,, ~ ~ L~::R1:~1:err J.

MULLER BRAZIL \ M 1 . . ~P L, JM/\---- HEATHER L. PEARLMAN Deputy Director Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice (215) 885-1644 P.O. Box 146 laura@mullerbrazi I.com Benjamin Franklin Station Washington, DC 20044-0146

AUfflORIZED REPRESENTATIVE ATIORNEYOFRECORDFOR OFTHESECRETARYOFHEALm RESPONDENT: AND HUMAN SERVICES: Dlgltallyslgne<l byHenry P. Henry P. M---1~C-~ Mcmillan•SS by Mcmillan _55 : .~ ~023.11.01 1s,19-32 CDR GEORGE REED GRIMES, MD, MPH KATHERINE C. ESPOSITO Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A Tel: (202) 305-3774 Rockville, MD 20857 Email: [email protected]

Vlneslgn ..,/ Verification Complete 1tw Uucumenl h,1'> been offic1,1lly ve, 1fletl

Document Status ~ Signed & Verified Document Name Stipulation - Connors Sender Name Muller Brazil Document Key A2102EAS-4nl'-4134-93FC-FC86O7C4ABB8

Recipient 1 IP Address s11n.iture Stacey Connors 152.208.7.228 [email protected] (21S) 704-9100 Order 1

Document History Activity Recipient ACCMty Details

11/09/202318:37 UTC Stacey Connors Signed by Stacey Connors ((215) 704-9100) llocltchaln Black WrnXXxdlf1+K4XZX/tllMhaX,W◄P3b6VgHr71FAxw3+UC• Document Completed DoWfflltll Hash 9B3CC8399S2637Cf8E38780011 ◄f 120D0670E0399051 1A0183◄6ffA6074182S2 ♦&51!¥,♦ TlmHl.omp 11/0912023 18:37 UTC

Viewed by Stacey Connors ((215) 704-9100) 0 11/09/2023 18:35 UTC Stacey Connors Document Viewed 11/0912023 18:33 UTC Stacey Connors Sent out via email to Stacey Connors ([email protected]) Document Sent

11/09/2023 18:33 UTC Stacey Connors Sent out via text to Stacey Connors ((215) 704-9100) Document Sent

I 11/09/2023 18:33 UTC Created by Muller Brazil ([email protected]) Document Created