Sin v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS Filed: June 9, 2025 * * * * * * * * * * * * * SOVANNA SIN, * * Petitioner, * No. 20-1727V * v. * Special Master Gowen * SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * * * * * * * * * * * * * David J. Carney, Green & Schafle LLC, Philadelphia, PA, for petitioner.

Jamica M. Littles, Department of Justice, Washington, D.C., for respondent.

DECISION ON STIPULATION1 On December 1, 2020, Sovanna Sin (“petitioner”) filed her claim in the National Vaccine Injury Compensation Program. Petition (ECF No. 1).2 Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration (“SIRVA”) as a result of receiving the tetanus, diphtheria, and acellular pertussis (“Tdap”) vaccine on July 12, 2018. Id. On June 9, 2025, respondent filed a stipulation stating that a decision should be entered awarding petitioner compensation. Stipulation (ECF No. 64).3 Respondent denies that petitioner suffered a SIRVA or that the Tdap vaccine caused petitioner’s alleged shoulder injury, any other injury, or her current condition. Id. at ¶ 6. Nevertheless, maintaining their respective positions, Pursuant to the E-Government Act of 2002, see 44 U.S.C. § 3501 note (2012), because this decision contains a reasoned explanation for the action in this case, I am required to post it to a publicly available website. This decision will appear at https://www.govinfo.gov/app/collection/uscourts/national/cofc or on the Court of Federal Claims website. This means the decision will be available to anyone with access to the Internet. Before the decision is posted on the court’s website, each party has 14 days to file a motion requesting redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). “An objecting party must provide the court with a proposed redacted version of the decision.” Id. If neither party files a motion for redaction within 14 days, the decision will be posted on the court’s website without any changes. Id. The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2012) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.

The stipulation was signed using an electronic signature and the electronic signature page was removed as it contains petitioner’s confidential information. the parties now agree that the issues between shall be settled and that a decision should be entered awarding compensation to petitioner described in paragraph 8 of the stipulation, attached hereto as Appendix A. Id. at 7.

The stipulation provides: A) A lump sum payment of $48,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement for petitioner; and B) A lump sum payment of $2,915.91, representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of California, in the form of a check payable jointly to petitioner and the California Department of Health Services (“DHCS”). The check shall also include petitioner’s CHCS account number: C90848589A-002T.

Petitioner agrees to endorse this check to DHCS and mail it to: Department of Health Care Services Personal Injury Program MS 4720 P.O. Box 997425 Sacramento, CA 95899-7425 These amounts represent payments for all damages available under 42 U.S.C. § 300aa-15(a).

I adopt the parties’ stipulation attached hereto, and award compensation in the amount and on the terms set forth therein. The Clerk of the Court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation.4

IT IS SO ORDERED.

s/Thomas L. Gowen Thomas L. Gowen Special Master

Entry of judgment is expedited by each party’s filing notice renouncing the right to seek review. Vaccine Rule 11(a).