Moffit v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1006V

ALVA MOFFIT, Chief Special Master Corcoran Petitioner, Filed: March 10, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Lawrence R. Cohan, Saltz Mongeluzzi & Bendesky, Philadelphia, PA, for Petitioner.

Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On August 13, 2020, Alva Moffitt 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 shoulder injuries resulting from a tetanus diphtheria acellular pertussis (“TDaP”) vaccine received on June 21, 2018.

Petition at 1; Stipulation, filed March 7, 2025, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she suffered residual effects of her injury for more than six months, and Petitioner has never received any compensation in the form of an award or settlement for her vaccine-related injuries. Petition at ¶¶ 3, 9, 17; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner’s alleged ‘shoulder injuries’ or any residual effects were caused-in-fact by the TDaP vaccine; and denies that the TDaP vaccine caused petitioner any other injury or her current condition.” Stipulation at ¶ 6.

Nevertheless, on March 7, 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 the following compensation: a. A lump sum of $45,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner; and b. A lump sum of $8,024.82, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the Commonwealth of Pennsylvania, in the form of a check payable jointly to Petitioner and the Pennsylvania Department of Human Services: Pennsylvania Department of Human Services Attn: Angela Carter Bureau of Program Integrity Division of Third Party Liability – Recovery Section Case Number: 002034981 P.O. Box. 8486 Harrisburg, Pennsylvania 17105-8486 Petitioner agrees to endorse this check to the Pennsylvania Department of Human Services.

Stipulation at ¶ 8. These amounts represent 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 OFFICE OF SPECIAL MASTERS ) ALVA MOFFIT, ) ) Petitioner, ) ) No. 20-1006V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALTH AND HUMAN ) SERVICES, ) ) Respondent. ) _________________ ) STIPULATION The parties hereby stipulate to the following matters: I . Alva Moffit, 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 injuries allegedly related to petitioner's receipt of a tetanus, diphtheria, and acellular pertussis ("TDaP'') vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § t00.3(a).

2. Petitioner received the TDaP vaccine on June 21, 2018.

3. The vaccination was administered within the United States.

4. Petitioner alleges that she suffered left ''shoulder injuries," which were caused-in-fact by her TDaP vaccine. Petitioner further alleges that petitioner suffered the effects of the alleged injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

6. Respondent denies that petitioner's alleged "shoulder injuries" or any residual effects were caused-in-fact by the TDaP vaccine; and denies that the TDaP vaccine caused petitioner any other injury or her cun-ent condition.

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 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 tiled an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l(a)(I ), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum payment of $45,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and, b. A lump sum of $8,024.82 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the Commonwealth of Pennsylvania, in the fonn of a check payable jointly to petitioner and the Pennsylvania Department of Human Services: Pennsylvania Department of Human Services Attn: Angela Carter Bureau of Program Integrity Division of Third Party Liability- Recovery Section Case Number: 00203498 l PO Box 8486 Harrisburg, Pennsylvania 17105-8486 Petitioner agrees to endorse this check to the Pennsylvania Department of Human Services.

This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the Commonwealth of Pennsylvania may have against any individual as a result of any Medicaid payments the Commonwealth of Pennsylvania has made to or on behalf of petitioner as a result of petitioner's alleged injury relating to a vaccine administered on June 21, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. &300aa-l 5(g), (h).

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 U.S.C. § 300aa-2 l (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.

l 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-l 5(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.

I I. Payments 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 attorneys' fees and litigation costs, and past unreimbursed 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 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-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 of petitioner resulting from, or alleged to have resulted from, the TDaP vaccination administered on June 21, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about August 13, 2020, in the United States Court of Federal Claims as petition No. 20-1006V.

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 special master fails to issue a decision in complete confonnity with the terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in confom1ity with a decision that is in complete confom,ity 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 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 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 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 TDaP vaccine caused petitioner's alleged shoulder injury or any other injury or that her current condition is a scquelac of a vaccine-related 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

Rapcolfully submitted, PETl'fl~ I f / ~ ---vvf..._;/_/ + ALVA MOFFIT - ------------· ATTORNEY OF ltECOJU> FOR P£l1TIONER, /4 A\JTHORJZED R£PR.:£SENT ATIV£ OF THE ATTORNEY GENERAL: A-- sky ""floor TliER. l.~P :"-1'!1 tl.l'IA.l"I arket Street ty Dire<:tor Miiladelphia, PA l 9\03 Branch Tel: (21S} 575-3887 Civil Division Ern.-n: lcohnn(~mbb.con, U.S. Depantnent or Justice [).o. Box. l46 Benjamin Franklin Station At.J1'1toa1zt.D Rt.PRESENT A"fl"£ Washington, DC 20044-0146 Of 'fltE Si.CR.ETAay OJ; li£ALTlt AND HUttiAN SF:1tv1cts: ATl'OQNE;y OF IU:ColU) Foa J~ffrey S. Olquw, •ltjnfd bo,, >dfrey R.ESPONt>ENT: S. lc:1d) .5 Beach -s 0.141, ~U.01.,9 16:Ss.,, CA>tCECiRGE Rt~t>iEs.1.to--;-~ Director, Division of Injury Corn~nsation Piograms l-lcalth Systcllls 'Burcllu E.MlllE F. wn.u;..1,;,.s--Ol}/1 Trial Attorney Health R.csaurccs ltld Setvices Torts Branch Administration \J .s. Dcpanrnent of Health Civil Division •n<t Hurnan Setvices \J.s. Dcpanll'lcnt of Justice 560() Fishers Lane, osw.2sA P.O. Box 146 Rockville, :-..,o 20857 Benjan.in 1-ranldan Station Washington. DC '2.00-44.o 1 1·e1: (202) 30s.0124 46 £mail, Emilie. Willi•nu@lasdoj .go,,