Handley v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-1194V

JAMIE HANDLEY, Chief Special Master Corcoran Petitioner, Filed: July 17, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Andrew Donald Downing, Downing, Allison & Jorgenson, Phoenix, AZ , for Petitioner.

Austin Joel Egan, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On April 13, 2021, Jamie Handley 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 shoulder injury related to vaccine administration (“SIRVA”), a Table injury, resulting from a tetanus-diphtheria-acellular pertussis (“Tdap”) vaccine she received on June 30, 2020. Pet., ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, she experienced the residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of her condition. Id. Respondent denies “that [P]etitioner suffered from [a] left shoulder injury as a result of the Tdap vaccine, and denies that the Tdap vaccine caused her any other injury or her current condition.” Stipulation at 2, ECF No. 48.

Nevertheless, on July 16, 2024, 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 $25,000.00 in the form of a check payable to Petitioner.

Stipulation at 2. 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

Docusign Envelope 10 : 301 0C6F0 -C 166-423 1-B08D-37604OFFE8E4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) JAMIE HANDLEY, ) ) Petitioner, ) ) No. 21-1194V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH A D HUMAN ) SERVICES, ) ) Respondent. ) _________________ ) STIPULATION The parties hereby stipulate to the following matters: I. Jamie Handley ("peti tioner") filed 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 the tetanus, diphtheria, acellular pertussis ('Tdap") vaccine, which is contained in tbe Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.J(a).

2. Petitioner received the Tdap vaccine on or about June 30, 2020.

3. The vaccine was admin istered in the United States.

4. Peti tioner alleges that she suffered a left shoulder injury related to vaccine administration ("SIRVA") as a result of receiving the Tdap vaccine . Petitioner further alleges that she experienced 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 as a result of her alleged condition.

Docusign Envelope ID: 3010C6FO-C166-4231-B08D-37604DFFEBE4

6. Respondent denies that petitioner suffered from left shoulder injury as a result of the Tdap vaccine, and denies that the Tdap vaccine caused her any other injuty or her cu1Tent 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 I (a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $25,000.00 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-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 U.S.C. § 300aa-2l(a)(I), and an application, the parties will submit to fu11her proceedings before the special master to award reasonable attorneys' fees and costs incun-ed in proceeding upon this petition.

I 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- I 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.

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11. Payment 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 avai labi Iity of sufficient statutory funds.

12. The parties and their attorneys fu1ther 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, 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 Cou1t of Federal Claims, under the National Vaccine Injmy 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 unsuspected personal injuries to or death of petitioner resulting from , or alleged to have resulted from, the Tdap vaccination administered on or about June 30, 2020, as alleged by petitioner in a Petition for vaccine compensation filed on or about April 13, 2021, and in an Amended Petition filed on June 18, 2022 in the United States Coult of Federal Claims as petition No. 21- l l 94V.

14. lf petitioner should die prior to ent1y of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of either or both of the parties.

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15. If the special master fails to issue a decision in complete confo1111ity 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 confo1mity 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 liabi lity 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 futther 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 Se1vices that the Tdap vaccine caused petitioner's left shoulder inju1y, any other injury, or her cu1Tent 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

Docusign Envelope ID 3010C6F0-C166-4231-B08D-37604DFFEBE4

Respectfully ubmirted, PETTTIO ER:

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETlTIONER: OF THE ATTORNEY GE ERAL:

'--""4 A t ~ ) ; i . ~ . I ~ HEATHER L. PEARL MA DOWNING, ALLI ON & JOR E 0 1 Deputy Director 3030 N. Central Avenue, Suite 507 Torts Branch Phoenix, Arizona 850 I 2 Civil Divi ·ion Phone: (480) 701-0999 U.S. Depanmem of Ju tice E-mai I: [email protected] P.O. Box 146 Benjamin Franklin tation Washington DC 20044-0146 AUTHORIZED RE PRE ENTA TIVE ATTORNEY OF RECORD FOR OF THE SECRET ARV OF HE LTH RESPO~DENT: AND RUMA ERVICE : Digitally signed by George R. George R. Gr mes-S14 Date: 2024 .07.09 Grimes -514 14:16:46 -04'00' CAPT GEORGE REED GRIME , MD, MPH A Director, Division of Injury T Compensation Programs Torts B Health yscem Bureau U.S. D Health Re ources and Services P.O. Box 146 Administration Ben Franklin tation U.. Dcpar1mcnt of Health Washington, DC 20044-0146 and Human Services Tel : (202) 451-7479 5600 Fishers Lane, 08W-25A mail : Au tin.J.Egan a.msdoj .gov Rockville, MD 20857

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