United States Court of Federal Claims, 2024

White v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided January 8, 2024 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-471V

TARSHA WHITE, Chief Special Master Corcoran Petitioner, Filed: December 7, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Renee Ja Gentry, The Law Office of Renee J. Gentry, Washington, DC, for Petitioner.

Bridget Corridon, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On January 11, 2021, Tarsha White 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”) resulting from hepatitis B, hepatitis A, and Tdap vaccinations received on November 8, 2018. Petition at 1; Stipulation, filed at December 6, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccines was administered within the United States, her shoulder/arm pain persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for Petitioner’s vaccine-related injury. Petition at 1, 7; Stipulation at ¶¶ 3-5.

“Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Hep.

A, Hep. B, and Tdap vaccines caused her alleged shoulder injury or any other injury or

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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). condition; and denies that her current condition is a sequelae of a vaccine-related injury.”

Stipulation at ¶ 6.

Nevertheless, on December 6, 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: 1. A lump sum of $15,000.00 in the form of a check payable to Petitioner, Tarsha White.

2. A lump sum payment of $500.56, representing compensation for satisfaction of a State of Louisiana Medicaid lien for services rendered to Petitioner by Louisiana Healthcare Connections, in the form of a check payable jointly to Petitioner and The Rawlings Company, and mailed to: The Rawlings Company ATTN: Kevin Lockhart, Reference No.: 122710071 P.O. Box 2000 La Grange, KY 40031-2000 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.