Ortiz v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 22-475V

LISA ORTIZ, Chief Special Master Corcoran Petitioner, Filed: May 13, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Mark Theodore Sadaka, Law Offices of Sadaka Associates, LLC, Englewood, NJ, for Petitioner.

Meghan Murphy, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On April 27, 2022, Lisa Ortiz 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”), mild subdeltoid bursitis, and chronic pain syndrome as a result of her October 22, 2019 influenza (“flu”) vaccination. Petition at 1; Stipulation, filed May 8, 2025, ¶¶ 1-2, 4. Petitioner further alleges that she received her vaccination 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 his injury. Stipulation at ¶¶ 3-5; see Petition at ¶¶ 3,12. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that [P]etitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, denies that [P]etitioner’s alleged mild subdeltoid bursitis was caused-in-fact by the flu vaccine, denies that [P]etitioner's alleged

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.

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). chronic pain syndrome was caused-in-fact by the flu vaccine; and denies that the flu vaccine caused [P]etitioner any other injury or her current condition.” Stipulation at ¶ 6.

Nevertheless, on May 8, 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 $25,000.00, 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

The Vinesign “Verification Complete” form found at page six of the parties’ Stipulation has been omitted from the attached copy of the Stipulation.

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. ··· ·--·a·· ----·· ·--·· . ·- · __ ..,_ , ___ - ._, , 1. - v v L.Jl,,.JVI\ VV"'TI Vt....J L I ..JnL.~

IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) LISA ORTIZ, ) ) Petitioner, ) ) No. 22-475V V. ) Chief Special Master Corcoran ) ECF SECRET ARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) _______________ ) STIPULATION The parties hereby stipulate to the following matters: I. Lisa Ortiz ("petitioner") fi led a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 ("Vaccine Program"). The petition seeks compensation for inj uries 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. § I 00.3(a).

2. Petitioner received the flu vaccination in her right shoulder on October 22, 20 l 9.

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 petiod set forth in the Table, and that she experienced residual effects of this injury for more than six months. Petitioner also alleges that her receipt of the fl u vaccine caused her to develop mild subdeltoid bursitis and "chronic pain syndrome." 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.

The signed document can be validated at https://app.vinesign.comNerify 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, denies that petitioner's alleged mild subdeltoid bursitis was caused-in-fact by the flu vaccine, denies that petitioner' s alleged chronic pain syndrome 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 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 lhc terms of this Stipulation, and after petitioner has Ii led an election lo receive compensation pur:-.uant to 42 U.S.C. ~ 300aa-21 (a)( I), the Secretary of I lealth and l luma n Service~ will issue the following vaccine compensation payment: A lump sum of $25,000.00 to be paid thrnugh an ACH deposit to petitioner's counsel'~ IOL TA account for prompt disbursement to petitioner. 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 entty 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-21 (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.

10. 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 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 statuto1y funds.

12. The parties and their attorneys fu1ther 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-15(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 in-evocably 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 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 flu vaccine administered on or about October 22, 2019, as alleged by petitioner in a petition for vaccine compensation filed on April 27, 2022, in the United States Court of Federal Claims as petition No. 22-4 75V.

14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Cou1t on behalf of either or both of the patt ies.

15. If the Chief Special Master fai ls to issue a decision in complete conformity with the terms of this Stipulation, or if the Court of Federal Claims fails to enter judgm ent in conformity with a decision that is in complete conformity w ith the tem1s of this Stipulation, then the patties' settlement and this Stipulation shall be voidable at the sole d iscretion of either party.

16. Th is Stipulation expresses a full and complete negotiated settlement of liability and d amages claimed under the National Childhood Vacc ine Inj ury Act of 1986, as amended, except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the patt ies hereto to make any payment or to do any act or thing other than i~ herei n expressly stated and clearly agreed to. The parties further agree and understand that the award de:-cribcd in this stipulation may rellect a compromise or the parties' respective positions as to liability and 1or amount or damages, and fu rther, that a change in the nature or the injury or condition or in the items of com pensation sought, is not grounds to modify o r revise this ag reement.

17. This Stipulation shall not be construed as an admission by the United States or the Sccreta1y of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder injury, nonischemic cardiomyopathy, or any other injury, or that petitioner suffered an injury contained in the Vaccine Injury Table.

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

END OF STIPULATION

Respectfully submitted, PETITIONER:

LISA ORTIZ

ATTORNEY OF RECORD FOR AUTHORJZEO REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:

MARKT. SADAK.A '"~ WM~-' J.t=:=- ttEATttER L. PEARLMAN Sadaka Associates, LLC Deputy Director North Dean Street, 4th Floor Torts Branch Englewood, NJ 0763 I Civil Division (20 l) 266-5670 U.S. Department of Justice [email protected] P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffrey 5. Digitally signed by Jeffrey S. Beach -S

~ ft~~ Date: 2025.04.29 eac h -S for 09:55:41 -04'00' CAPT GEORGE REED GRIMES, MD, MPH MHANR.MURP Director, Division of Injury Tri Attorney Compensation Programs To11s Branch Health Systems Bureau Civi l Division Health Resources and Services U.S. Department of Justice Administration P. O. Box 146 U.S. Department of Health Benjamin Franklin Station and H umans Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 616-4264 Rockville, MD 20857 [email protected]

Dated: 5,/ ~/ ~S- - --