United States Court of Federal Claims, 2024

Cheatwood v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided December 3, 2024 · Daniel T. Horner

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-23V Filed: November 4, 2024

MARY CHEATWOOD, Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

David John Carney, Green & Schafle, LLC, Philadelphia, PA, for petitioner.

Madelyn Weeks, U.S. Department of Justice, Washington, DC, for respondent.

DECISION ON JOINT STIPULATION1 On January 4, 2021, petitioner filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq. (2012) (“Vaccine Act”).2 Petitioner initially alleged that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a result of her September 26, 2019 influenza (“flu”) vaccination. Petition at 1. However, she subsequently filed an amended petition on March 8, 2023, alleging that she suffers brachial neuritis as a result of her September 26, 2019 flu vaccination. Amended Petition at 1; Stipulation, filed November 4, 2024, at ¶ 4. Petitioner further alleges that she has experienced the residual effects of her condition for more than six months, that there has been no prior award or settlement of a civil action for damages as a result of her condition, and that her vaccine was administered in the United States. Amended Petition at 1, 6; Stipulation at ¶¶ 3-5.

“Respondent denies that petitioner’s alleged brachial neuritis or its residual effects were caused-in-fact by the flu vaccine; and denies that the flu vaccine caused petitioner any other injury or petitioner’s current condition. ” Stipulation at ¶ 6.

1 Because this document 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 document 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).

Nevertheless, on November 4, 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 the decision of the Court in 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 $50,000.00 in the form of a check payable to petitioner. Stipulation at ¶ 8.

• A lump sum of $64.79 in the form of a check payable jointly to petitioner and the Alabama Medicaid Agency at the following address: HMS TPL Recovery Unit P.O. Box 240756 Montgomery, AL 36124 Id. This amount represents reimbursement of a Medicaid lien for services rendered to petitioner by the Alabama Medicaid Agency. Id. Petitioner agrees to endorse this check to HMS.

These amounts represent compensation for all items of damages that would be available under § 15(a). Id. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Daniel T. Horner Daniel T. Horner 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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