Panchal v. Secretary of Health and Human Services

$033&$5&% In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1870V

JIGNA PANCHAL, Chief Special Master Corcoran Petitioner, Filed: February 6, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

Adam Nemeth Muffett, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On October 23, 2023, Jigna Panchal 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”) caused by an influenza vaccine administered on November 2, 2021. Petition at 1; Stipulation, filed at February 3, 2025, ¶¶ 1, 2, 4. Petitioner further alleges the vaccine was administered within the United States, that she suffered the residual effects of her injury for more than six months, and that she has not received any prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1, 9-10; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA Table Injury, denies that Petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused Petitioner any other injury or her current condition.” Stipulation at ¶ 6.

Nevertheless, on February 3, 2025, 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 Petitioner a lump sum payment of $46,500.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. This amount represents compensation for all damages that would be available under Section 15(a).

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 OFFICE OF SPECIAL MASTERS ) JIGNA PANCHAL, ) ) Petitioner, ) ) No. 23-1870V (ECF) V. ) Chief Special Master Corcoran ) SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) Respondent. )

STIPULATION The parties hereby stipulate to the following matters: 1. Jigna Panchal, petitioner, fi led a petition fo r vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table ("Table"), 42 C.F.R. § l 00J(a).

2. Petitioner received the flu vaccination in her left shoulder on November 2, 2021.

3. The vaccine was administered within the United States.

4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") within the time period set fo11h in the Table, and that she experienced res idual effects of thi s inj ury fo r more than six months. In the alternative, petitioner alleges that the flu vaccine was the cause-in-fact of her shoulder injury.

5. Petitioner represents that there has been no prior award or settlement of a civil action fo r damages on her behalf as a result of her cond ition.

6. Respondent denies that petitioner sustained a SIRVA Table Injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition.

7. Maintaining their above-stated positions, the patties 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)(!), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $46,500.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- l 5(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 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 attorney fees and costs incurred in proceeding upon this petition.

I 0. Petitioner and her attorney represent that 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 has 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 of 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 of this Stipulation, and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorney 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 of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(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 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, causes of action (including agreements, judgments, claims, damages, loss of services, expenses and al I demands of whatever kind or nature) that have been brought, cou ld 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-l 0, 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 flu vaccine administered on or about November 2, 2021, as alleged by petitioner in a petition for vaccine compensation filed on October 23, 2023, in the United States Cou1t of Federal Claims as petition No . 23-l 870V.

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

15. If the Chief Special Master fails to issue a decision in complete conformity with the terms of this Stipulation, or if the Comt of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the patties' settlement and this Stipulation shall be voidable at the sole discretion of either patty.

16. 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 as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the patties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The patties fu1ther 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 fu1ther, 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 Services that the flu vaccine caused petitioner' s alleged shoulder injury or any other injury.

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

END OF STIPULATION I I I I I I I I I I Respectfully submitted, 1

ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: I OF THE ATTORNEY GENERAL:

~T~~~&i~ Jeffrey S. Pop & Assoc,iates Deputy Director 9150 Wilshire Blvd., Sl'ite 241 Torts Branch Beverly Hills, CA 90212 Civil Division (310) 213-5462 I U.S. Department of Justice [email protected] : P.O. Box 146 I Benjamin Franklin Station Washington, DC 20044-0 I46 I AUTHORIZED REPJIBSENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERV!ICES: Jeffrey 5 CDl~ltally signed by •) Jeffrey S. Beach -s Beach ....batt;2025.01.16 _51, J' : 10:12:31 -os•oo• for ~ N. M ~ CAPT GEORGE REED GRIMES, MD, MPH AAMN.MUFFETT Director, Division of Ihjury Trial Attorney Compensation Progr~ms Torts Branch Health Systems Bureau Civil Division Health Resources and ~ervices U.S. Department of Justice Administration l P.O. Box 146 U.S. Department ofH~alth Benjamin Franklin Station and Human Services i Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 616-2895 Rockville, MD 208571 [email protected]

__2 Dated: _ _"__,_/_J_iL _ 5_ I