Edwards v. Secretary of Health and Human Services

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In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-125V

JULIA EDWARDS, Chief Special Master Corcoran Petitioner, Filed: November 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On January 6, 2021, Julia Edwards filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”). Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received on October 30, 2018. Amended Petition at 1; Stipulation at ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, her symptoms lasted 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 her vaccine-related injury. Petition at 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a shoulder 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 Petitioner filed an Amended Petition on July 13, 2021. See ECF No. 10.

3 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 (2018). 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 28, 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 $12,500.00 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.4 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

4 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.

Vinesign Document ID: 037C54A9-178B-4584-A101-3E2842A2422A

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

JULIA EDWARDS, Petitioner, No. 21-12SV v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVJCES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Julia Edwards ("petitioner") 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 an injury allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the 'Vfable"), 42 C.F.R. § 100.3(a).

2. On October 30, 2018, petitioner received a flu vaccine.

3. The vaccine was administered in the United States.

4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time-period set forth in the Table. She further alleges that she experienced the residual effects ofthis condition 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.

6. Respondent denies that petitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any l of5

The signed document can be validated at https://app.vinesign.comNerify 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 shaJJ be settled and that a decision should be entered awarding the compensatjon 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-2l(a)(l)t the Secretary ofHealth and Human Services will issue vaccine compensation payment: a lump sum of $12,SOO.OO in the fonn of a check payable to petitioner. This amowit represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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-2l(a)(l) 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 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-1 S(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 ofthis Stipulation, and any amount awarded pursuant to paragraph 9, 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 2of5 award for attorneys' fees and litigation costs, and past unreimbwsed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contempJated by a strict construction of 42 U.S.C. § 300aa-J5(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa-1S(g) and (h).

13. In return for the payments described in paragraph 8, and any amount awarded pursuant to paragraph 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-lO 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 aJleged to have resulted from the vaccine administered on October 30, 2018, as alleged in a Petition filed on January 6, 2021, in the United States Court of Federal Claims as petition No. 21-l25V.

J4. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf ofeither or both ofthe parties.

15. If the special master fails to issue a decision in complete conformity with the terms ofthis Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the tenns ofthis Stipulation, then the parties' settlement and this Stipulation shaU be voidable at the sore discretion ofeither party.

l 6. 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 3of5 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 further agree and understand that the award described in this Stipulation may reflect a compromise ofthe 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 ofcompensation 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 ofHealth and Human Services that the flu vaccine caused petitioner's alleged shoulder injury, or any other injury or her current condition.

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

END OF STIPULATION

4ofS Respectfully submitted,

PETITIONER:

JULIA EDWARDS

ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: . . ,J OF THE ATIORNEY GENERAL: Maxi'(Ylt I lian.. /Vl\lflU'- r.11...&r,J µcc.vii~~ L Me ~~Q4!.M~ BRIOOET MCC LOUGH HEATHER L. PEARLMAN MULLER BRAZIL. LLP Deputy Director Twining Rd, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice [email protected] P.O.Box 146 Benjamin Franklin Station Washington, OC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTB RESPONDENT: AND HUMAN SERVICES: Henry P. ~.:z:t• •>'Hevf,. by Mcmillan -ss ~ll>u.au,"6:S4:19 CDR GEORGE REED GRIMES, MD, MPH JtitJAM. COLLISON Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department ofJustice Administration P.O.Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, OC 20044-0146 5600 Fishers Lane, 08W-25A (202) 305-0102 Rockville, MD 20857 [email protected]

Dated: \ \ / )..% /4 { f I son Vlnealgn ~ Verification Complete : 11!.M,ly<,v .i, en l , W!. ..,.,i,:t;;., c l!•t.t,,lly ~c.11 t ...

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Document History ACIMty AQfvllyDtCads

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