Pocsi v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 23-1220V

JOZSEF POCSI, Chief Special Master Corcoran Petitioner, v. Filed: April 23, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Catherine Wallace Costigan, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.

Emily Hanson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On August 3, 2023, Jozsef Pocsi 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 he suffered from a shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 19, 2021. Pet. He further alleges that the flu vaccine caused his alleged injury, and that he suffered the residual effects of his alleged injury for more than six months.

Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused his alleged SIRVA, or any other injury; and further denies that Petitioner’s current condition is a sequela of a vaccine-related injury.

1 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 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).

Nevertheless, on April 22, 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 lump sum of $43,598.00 to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation ¶ 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

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.

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

JOZSEF POCSI, Petitioner, No. 23- l 220V Chief Special Master Corcoran V. ECf- SECRETARY OF HEALTH /\ND l lUM/\N SERV ICES, Respondent.

STIPULATION The parties hereby stipulate to the fo llowing matters: 1. Jozsef Pocsi ("petitioner") fi led a petition for vaccine compensation under the Nati onal Vaccine I njury Compensation Program, 42 U.S.C. § 300aa- I0 to 34 (the "Vaccine Program "). T he petition seeks compensation for injuries allegedly related to petitioner's receipt of an influenza ("flu" ) vaccine, which vaccine is contained in th e Vaccine Injury Table (the " Table"), 42 C.F.R. § I 00.3(a).

2. Petitioner received a flu vacc ine on October 19, 202 1.

3. The vaccine was adm inistered within the United States.

4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA") within the Lime period set forth in the Table fo llowing administration of the vaccine. Petiti oner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months.

5. Petiti oner represents that there has been no prior award or settlement of a civil acti on for damages on petitioner's behalf as a result of the alleged injury.

6. Respondent denies that petitioner Sllstaincd a SIRVA Table injury; denies that the flu vaccine callscd petitioner's alleged SI RVA, or any other injury; and denies that petitioner's cllt'rcnt 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 shall be settled and that a decision shou ld be entered awarding the compensation described in paragraph 8 of thi s Stipu lation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent wi th the terms of thi s Sti pulation, and after petitioner has filed an election to receive compensation pu rsuant lo 42 U.S.C. § 300aa-2 I (a)( I), the Secretary of l lca lth and I luman Ser vices w ill issue the fol lowing vaccine compensation payment: J\ lump sum of $43,598.00 to be paid through an /\C l I deposit Lo peti tioner's counsel's I OLTA account for prompt disbursement to petitioner.

This amount represents compensation for all damages that wou ld be available under 42 U.S.C. § 300aa- 1S(a).

9. As soon as practicable after the entry of j udgment on entitlement in this case, and after petitioner has filed both a proper and t imely election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( l ), and an application, the parties wi ll st1b111it to further proceed ings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon thi s petition.

I 0. Petiti oner and petitioner's attorney represent that compensation to be provided pursuant to th is Stipu lation is not for any items or services for w hich the Program is not primarily I iable under 42 U.S.C. § 300aa- I 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 Tille X IX or the Social Security Act (42 U.S.C. § 1396 ct 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 Sti pulation wi ll be made in accordance w ith 42 U.S.C. § 300aa- 15(i), subject to the avai lab ii ity of su ffic ient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any award for attorney's fees and l itigati on costs, and past unrei rnbursed expenses, the money provided pursuant to this Stipulation wi ll be used so lely for the benefit or petitioner as contemplated by a strict construction of 42 U. S.C. § J00aa- I 5(a) and (cl), and subject to the conditions o f 42 U.S.C. § 300aa- l 5(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's indivi dual capacity, and on behalf of petiti oner's heirs, executors, administrators, successors or assigns, docs forever irrevocab ly and unconditionally release, acquit and d ischargc the U n itcd States and the Secretary of Health and I luman Services fi·orn any and al l actions or causes o f action (including agreements, j udgments, c laims, damages, loss o f ser vices, expenses and all demands of w hatever kind or nature) that have been brought, cou ld have been brought, or could be timely brought in the Court of federa l C la ims, under the National Vaccine Injury Compensati on Program. 42 U.S.C. § J00aa- I0 c l 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 al leged to have resulted from, the nu vaccinati on administered on October 19, 202 1, as alleged in a petition for vaccine compensati on filed on or abot1t t\ugust 3, 2023, in the Un ited States Court of Federal C laims as petiti on No. 23- 1220V.

14. If petitioner shou ld die prior to entry o f j~1dgmcnt, this agreement shal l be voidable upon proper notice to the Court on behalf of either or both of the parties.

15. I f the special master fails to issue a decision in complete conformity w ith the terms of thi s Stipul ati on or if the Court of Federal Claims fa ils to enter judgment in conformity w ith a decision that is in comp lete conformity w ith the terms o f this Stipulation, then the parties' settlement and th is Stipulation sh al I be voidable at the sole d iscrction of either party.

16. This Stipu lation expresses a fu ll and complete negotiated settlement of liabi lity and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as other wise 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 th ing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award descri bed in this St ipulation may reflect a com prom isc of the parties' respective posi tions as to I iabil ity and/or amount of damages, and further, that a change in the nature of the injury or cond ition or in the items of' compensatio,1 sought, is not grounds to modify or revise this agreement.

17. T his Stipu lation shall not be construed as an admission by th e U nited States or the Secretary of I lcalth and I luman Services that the nu vaccine caused petitioner's alleged SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury con tained in the Vaccine Injury Table.

18. Al l rights and obligati ons of petitioner hereunder shal l apply equally to petitioner's heirs, executors, admi nistrators, successors, and/or assigns.

END OF STIPULATION I I I

Respectful ly submitted, PETIT ION ER: h•~ •• '7W

[ ,,, .. ,&. ..., ,, . .

JOZSEF POCSI

J\ TTO RNEY OF RECORD FOR /\UTH OR.17.ED REPRESENTATI VE PETIT IONER: or Tl IE ATTORNEY GENERA L:

NE COSTIGAN I IEATH ER L. PEARLMAN M CT Law Deputy Director 1015 151h St. NW, Suite 11 25 T orts Branch Washington, DC 20005 Civ il D iv ision (888) 952-5242 U .S. Department of .Justice ccosti [email protected] P.O. [3ox 146 Benjam in Frank lin Station Washington, DC 20044-0 146 /\UTI IORIZED REPRESENTATIV E ATTORN EY OF RECORD FOR OF TH E SECRETARY OF HE/\LTI I RESPON DEN T : AND H UMAN SERVI CES: j effrey s• f l~~:~t~gned by Jeffrey

-----· Beach -5 CJ\ PT GEORGE REED GRI M ES. MD, MPH Date:2025.04,1419:06:09 .04•00· for ~~ EMILYMi=ANiON Director, Division of Injury Trial Attorney Compensation Program s T orts Branch Hea lth Systems Bureau Civil D ivision Hea lth Resources and Services U.S. Department of Justice Administration P.O. Box 146 U .. Department of Health Benjamin Frankl in Station and Human Serv ices Washington, DC 20044-0 146 5600 f ishers Lane, 08W-25J\ (202) 430-4802 Rockvi lle, MD 20857 emi ly .hanson@usdoj .gov

Dated: ~ [ 2-2.-l 2.,0?.---.:;- '