Delcorro v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-1133V

SHARON DELCORRO, Chief Special Master Corcoran Petitioner, Filed: May 29, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.

Felicia Langel, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On July 25, 2024, Sharon DelCorro 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”) as a result of an influenza (“flu”) vaccine administered on December 20, 2021. Petition at 1; Stipulation, filed at May 29, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that she sustained an injury within the time period set forth in the Vaccine Injury Table, that she experienced the residual effects of her condition for more than six months, and that there has been no award or settlement of a civil action for damages on her behalf as a result of her injury. Petition at 1, 6-7; Stipulation at ¶¶ 1-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury or condition; and denies that her current condition is a sequalae of a vaccine-related injury. Stipulation at ¶ 6.

Nevertheless, on May 29, 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 $10,000.00, 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. 3 IT IS SO ORDERED.

s/Brian H. Corcoran Brian H. Corcoran Chief Special Master

IN THE UNITED STATES COUR1; OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

SHARON DELCORRO, Petitioner, No. 24-1133V Chfof Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Sharon DelCorro ("petitioner") filed a petitjon for vaccine compensation under the I National Vaccine lnjury Compensation Progra~ 42 ~ .S.C. § 300aa-JO to 34 {the "Vaccine Program"). The petition seeks compensation for inj es allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in e Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a) 2. Petitioner received the flu vaccine on Dec ber 20, 202 J.

3. The vaccine was administered within the ited States.

4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the flu vaccine. Petitioner further alleges that she suffered the residual effects of her alleged injury for more than six months.

5. Petitioner represents that there bas been no prior award or settlement of a civil action for damages on her behalf as a result of the alleged injwy.

- - - - - - - - - · - - --- 6. Respondent denies that petitioner sustain~ a SIRVA Table injury; denies that the flu vaccine caused her alleged shoulder injury, or any other injwy or condition; and denies that her current condition is a sequela of a vaccine-related inj wy.

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 ofjudbent 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-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of Sl0,000.00 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 U.S.C. § 300aa-1S(a).

9. As soon as practicable after the entry ofjudgmmt 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-2 l(a)(l ), and an application, the parties will submit to further proceedings before the special mast« to aword reasonable attorneys' fees and costs incUITed in proceeding upon this petition.

I0. Petitioner and her attorney represent that compensation to be provided pursuant to this Stipulation js not for any items or services for which the Vaccine 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 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the availability of sufficient st.atutory funds. I 12. The parties and their attorneys further agrt and stipulate that, except for any award for attorneys' fees and Htigation 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l5(g) and (h).

13. ln return for the payments described iD paragraphs 8 and 9, petitioner, in her individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns, docs 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 anyway 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 tlu vaccine administered on December 20, 2021, as alleged in a petition for vaccine compensation filed on or about July 25, 2024, in the United States Court of Federal Claims as petition No. 24-1133¥.

14. If petjtioner 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 conformity with the lenns of this Stipulation or if the COUii offederal Claims af to enrer judgment in confonniiy with a decision that is in complete conformity with the terms of this Stipulation, theo the parties' settlement and this Stipulation shall be voidabJe at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and damages cJaimed 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 injmy 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 Hwnan Services that petitioner sustained a SIRVA Table injmy; that the flu vaccine caused any other injury or condition; or that her current condition is a sequeta 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 I I I

Respectfully submitte~ PETITIONER:

SHARON DELCORRO '- ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL:

JM :O~ JR- -- - - -- ~~~p~ HEATHER L. PEARLMAN H0WYBLAw, P.C. Deputy Director 2608 Hibernia Street Torts Branch Dallas, TX 75204 Civil Division [email protected] U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE AITORNEYOFRECORDFOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: Jeffreys.

~ £=?-= ~=~gned~Jeffrey Beach _ -s _ _ _ __ Date: 2025.05.22 14.-0S:59 ,04'00' ror CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 305-3148 Rockville, MD 20857 [email protected]