Willis v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0034V

GRACE WILLIS, Chief Special Master Corcoran Petitioner, v. Filed: April 30, 2025 SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Wendy Cox, Siri & Glimstad, LLP, New York, NY, for Petitioner.

Jay Travis Williamson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On January 10, 2024, Grace Willis filed a Petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petition er alleged that she suffered a left shoulder injury related to vaccine administration (“SIRVA”) following her receipt of a hepatitis B (“hep B”) vaccine on March 28, 2023. Petition (ECF No. 1). The case was assigned to the Special Processing Unit (“SPU”) of the Office of Special Masters (“SPU”).

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

Nevertheless, on April 30, 2025, the parties filed the attached joint stipulation,3 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 $13,900.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UN ITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

GRACE WIL LI S, Petitioner, V. No. 24-034V Chief Special M aster Corcoran SECRETARY O F H EAL TH /\N D EC F I IUMAN SERVI CES, Respondent.

STIPULATJON The parties hereby stipulate to the fol low i ng matters: I. Grace W i 11 is ("petitioner"), liled a petition for vaccine compensation under the Nat ional Vaccine Inj ury Compensation Program, 42 U.S.C. § 300aa- 10 to 34 (the " V accine Program" ). T hc petition seeks compensation for inj uries allegedly related to pctitioncr 's recei pt or I lepatitis B vaccine, w hich vaccine is contained in the Vaccine Injury T able (the ''Table"), 42 C.F.R. § I 00.3(a) 2. Peti tioner received a Hepatitis B vaccine on M arch 28, 2023 .

3. T he vaccine was admini stered w ithin the United States.

4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("S IR VA" ) w ithin the time per iod set fo rth in the Table, or in the alternat ive, that her alleged shoulder injury was caused by the vaccine. She further al lcges that she experienced the res idual effects of th is condition for more than six months.

5. Peli tioner represents lhat there has been no prior award or settlement of a civil action for damages on her behalf as a result of her alleged injur~ .

6. Respondent denies that petilioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's al leged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.

7. Maintaining their above-slated positions, the parties nevertheless now agree that the issues between them shal I be settled and that a dec ision shou Id be entered award ing the compensation described in paragraph 8 or this Stipulation.

8. /\ s soon as practicable afier an entry ofjudgment reflecting a decision consistent with the terms of this Stipulation , and after peti tioner has fi led an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretary o r Health and Human Services wil l issue the following vaccine compensation pay ment: A lump sum o f $13,900.00 to be paid through an J\CI I deposit to petitioner' s counsel 's IOLTJ\ account for prompt disbursement to petitioner. This amount represents compensation for all damages that wou ld be avai lable under 42 U.S.C. § 300aa- 15(a) 9. As soon as practicable after the entry of judgment on entitlement in thi::; case, and art.er petitioner has fil ed both a proper and timely election to rece ive compensation pursuant to 42 U .S .C. § 300aa-2 I (a)( 1), and an application, the parties w i 11 submit to fu rth er proceedings before the special master to award reasonable attorneys' 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-1 5(g), to the extent that payment has been made or can reasonably be

expected to be made under any State compensation program s, insurance policies. Federal or State health benefits programs (other than T ille X I X of the Social Security Act (42 U.S .C.

§ 1396 et seq.)), or by entities that provide health serv ices on a pre-paid basis.

I I. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 or this Stipulation w ill be made in accord ance with 42 U.S.C. § 300aa- I 5(i), subj ect to the avai lability of sufficient statutory funds.

12. T he parties and their attorneys further agree and stipu late that, except for any award for attorney 's fees and litigation costs, and past unrei mbursable expenses, the money provided pursuant to th is Stipu lation w ill be used so lely for the benefit or petitioner as contemplated by a stri ct construction of 42 U.S.C. § 300aa- l 5(a) and (d), and subject to the conditions or 42 U.S.C. § 300aa- I 5(g) and (h).

13. In return fo r the payments descri bed in paragraphs 8 and 9, peti tioner, in her indiv idual capacity, and on behal fof her hei rs, executors, ad ministrators, successors or ass igns, docs forever irrevocably and unconditionally release, acqui t and discharge the Un ited States and the Secretary of Health and I luman Serv ices from any and all actions or causes or action (incl uding agrccments, judgments, claims, damages, loss or services, expenses and all demands of w hatever kind or nature) that have been broughl, could have been brought, or could be timely brought in the Court or Federal Claims, under the National Vaccine Inj ury Compensation Program, 42 U .S.C. § 300aa- I0 et seq., on account ot: or in any way growing out of, any and all k nown or unknown, suspected or unsuspccled personal injuries to or dcalh or peti t ioner resulting from , or al leged to have resu lted from, the Hepatitis B vaccination ad n1in islcred on March 28, 2023, as alleged in a petition for vaccine compensation fi led on or about .January I 0, 2024 in the

United States Court o f Federal Claims as peti tion No. 24-034\/.

14. I f petitioner should die prior to entry of j udgment, this agreement shall be voidable upon proper not ice to the Court on behalf of either or both of the parties.

15. I f the special master fai ls to issue a decision in complete conformity w ith the terms or th is Stipulation or i rthe Cou rt of Federal C laims rai ls to enter j udgment in conformi ty with a decision that is in com plete conformity w ith the term s o f this Stipulation, then the parties' settlement and this Sti pulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement or liabil ity and damages claimed under the National Childhood Vacci ne Injury Act of 1986, as amended, except as otherw ise noted in paragraph 9 above. T here is absolutely no agreement on the part or the parties hereto to make any payment or to do any act or th ing other than is herein expressly stated and clear ly agreed to. The parties further agree and understand that the award descri bed in this Stiptilation may rcncct a compromi se o f the parti es' respective positions as to liabi lity and/or amount o f damages, and rurlher, that a change in the nature or the i njury or concl it ion or in the items of compensation sought, is not grounds to mod i fy or revise this agreement.

17. T his Sti pulation :-;hall not be construed as an admiss ion by the United States or the Secretary of I lea Ith and I luman Services that the I lepatitis B vaccine c,1uscd petitioner 's al lcgcd injury or any other inj ury or her current disabi lities, or that petitioner su ffered an inj ury contained in the Vaccine Injury Table.

18. A l l ri ghts and obl igations of petitioner hereunder shall apply equally to petitioner's hei rs, executors, adm ini strators, successors, and/or assigns.

END OF STIPULATION

Respectfully submitted, PETITIONER:

~ II~ , 28, 01 0<J 30 PDT) GRACE WILLIS

ATTORNEY OF RECORD FOR AUTHOIUZED REPRESENTATIVE PETITIONER: OF THE ATTORN l~Y GENERAL:

0/J/ltf .✓, ( - \ , 4 M . ~e ~ WENDY CO 1IEATI IER L. PEARLMAN Siri & Glimst - LLP Deputy Director I 005 Congress A ve, Ste. 925-C36 Torts Branch Austin, TX 7870 I Civil Division 12-265-5622 U.S. Department of Justice 646-4 17-5967 - Fax P.O. Box 146 Benjamin Frank lin Station Washington , DC 20044-0 146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey s. Digitally signed by Jeffrey S. Beach ·S Beach -S Date: 2025.04.24 1s:41:2s -04·00· for ,____~ ,,, ~ ~ CA PT GEORGE REED GRIMES, MD, MPI I , AVIS WILLIAMSON Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Division Health Systems Bureau U.S. Department or Justice I lealth Resources and Services Admin istration P.O. Box 146 U.S. Department of Health Benj amin Franklin Station and I luman Services Washington, DC 20044-0 146 5600 Fishers Lane, 08W -25 /\ 202-598- 1099 Rockville, Md 20857 j ay .t.wil I [email protected]

Dated: L-1 / 3 0 / JJ2);). S