Washington v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-686V

JAMILA WASHINGTON, Chief Special Master Corcoran Petitioner, Filed: December 13, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Brynna Gang, Kraus Law Group, LLC, Chicago, IL, for Petitioner.

Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On May 9, 2023, Jamila Washington 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 - shoulder injury related to vaccine administration (“SIRVA”) as a result of the administration of a hepatitis A (“HepA”) vaccination on October 26, 2021. Petition at 1, ¶ 21; Stipulation, filed December 10, 2024, at ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in 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 ¶¶ 22. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the HepA vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on December 10, 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 $45,000.00 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

IN THE UNITED STATES COURT OF FEDERAL CLAIMS O f f l C E OF SPECIAL MASTERS

JAMILA WASHINGTON, Petitionet", V. No. 23-686V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERV1CES, Respondent

STIPULATION The parties hereby stipulate to the following matters: 1. Jamila Wasbington (')>etitioner") 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 hepatitis A ("HepAj vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a HepA vaccination on October 26, 2021.

3. The HepA vaccine was administered within the United States.

4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residua) effects of this condition for more than six months.

S. Petitioner represents that tbet"e bas been no prior award or settlement of a civil action for damages on bet" behalf as a result of her condition.

6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the HepA vaccine caused petitioner's alleged SIRVA, or any other injwy; and denies that petitioner's current condition is a sequela 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 descnoed in paragraph 8 o f this Stipulation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms o f this Stipulation, and after petitioner bas 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 swn of $45,000.00, in the form of a check payable to petitioner. This amollllt 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 o fjudgment 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-2J(a)(I), and an application, the parties wilt 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 tbat 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 bas 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 o f 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-1S(i), subject to the availability o f sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorneys• fees, and litigation costs, and past unreimbursable expenses. the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction o f 42 U.S.C. § 300aa-1S(a) and (d), and subject to the conditions o f 42 U.S.C. § 300aa-15(g) and(h).

I3. 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 o f action (including agreements, judgments, claims, damages, loss o f services, expenses and all demands o f whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court o f Federal Claims, under the National Vaccine Injury 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 o f petitioner resulting from, or alleged to have resulted from, the HepA vaccination administered on October 26, 2021, as alleged by petitioner in a petition for vaccine compensation filed on or about May 9, 2023, in the United States Court o f Federal Claims as petition No. 23-686V.

14. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf o f either or both o f the parties.

15. If the special master fails to issue a decision in complete conformity with the tenns o f this Stipulation or if the Court o f 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 o f liability 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 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 injuty 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 admis.,ion by the United States or the Secretary of Health and Human Services that the HepA vaccine caused petitioner's alleged SIRVA or any other injury or petitioner's CUITent condition, or that petitioner suffered an injury contained in the Vaccine Injury Table.

18. AJl rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, sucees.5ors, and/or assigns.

END OF STIPULATION

Respectfully submitted, PETJTIONER:

ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE A 1TORNEY GENERAL:

BR --- 'dtA \ � � � J A µN'v-- Kraus Law Group Deputy Director l W. Jackson Blvd., Suite l 700 Torts Branch Chicago, IL 60604 Civil Division (312) 319�5275 U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATIORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey S, Digitally signed by Jeffrey S. Beach -S Beach -5 D.l.te: 202◄. 1 1 . 15 16;J1:0e-os·oo· for CAPT GEORGE REED GRIMES, MD, MPH CQ;;::LE J. WEBSTER Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department o f Justice Administration P.O. Box 146 U.S. Department o f Health Benjamin Franklin Station and Human Services Washington, DC 20044•0146 5600 Fishers Lane, 08W-25A (202) 307�324 l Rockville, MD 20857 Camille. Webster gi.usdoj.gov s