Limani v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-15V &255(&7(' KADRI LIMANI, as father and natural Chief Special Master Corcoran guardian of A.L., a minor, Filed: August 15, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Bruce William Slane, The Law Office of Bruce W. Slane. P.C., White Plains, NY for Petitioner.

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

DECISION ON JOINT STIPULATION 1 On January 4, 2024, Kadri Limani, as father and natural guardian of A.L., a minor, 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 A.L. suffered a shoulder injury related to vaccine administration caused by an diphtheria, tetanus, and pertussis vaccine administered on November 22, 2022. Petition at 1; Stipulation, filed at August 7, 2025, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the United States, that A.L. experienced the residual effects of this condition for more than six months, and that there has been no award or settlement of a civil action for damages on A.L.’s behalf as a result of this injury. Petition at 1, 7; Stipulation at ¶¶ 1-5. Respondent denies that the vaccine caused-in-fact A.L.’s alleged injuries, any other injury, or his current condition. Stipulation at ¶ 6.

Nevertheless, on August 7, 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: An amount of $20,000.00 to purchase the annuity contract described in paragraph 10 of the attached stipulation.

This amount represents compensation for all damages that would be available under Section 15(a).

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 COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

KADRI LIMANI, as father and natural guardi an of J\. L ., a minor, Petit ioner, No. 24- 1SV V. Chief Specia l M aster Corcoran ECr SECRETARY OF HEA LTH AN D I IUMAN SERVICES, Respondent.

STIPUL ATION T he parties hereby stipu late to the fo l lowing matters: I. Kadri L iman i (" petitioner" ), on behalf of A .L., a minor chi ld, fi led a pet ition for vacc ine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. * 300aa- l Oto -34 (the " Vaccine Program " ). The pet ition seeks compensation for injuries allegedly related to A. L. 's receipt o f a diphtheria, tetanus, and pertussis ("DTaP") vaccination and/or admi nistration thereof , w hich vaccine is conta ined in the Vaccine Injury T ahlc (the "Table" ), 42 C.F.R. § I 00.3(a).

2. A .L. received the vaccination on November 22, 2022.

3. The vaccinat ion was adm inistered w ithin the United States.

4. Petitioner alleges that J\.L. suffered from injuries including a Shoulder Injury Related to V accine Administration (" SIRVA" ) table injury pursuant to 42 C.F.R. § I 00.3 et seq.

Petitioner also alleges that A.L. experi enced the residual effects o f this condit ion for ,nore than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action fo r damages on /\.L.'s behalf as a result of A.L.' s al leged inj uri es.

6. Respondent denies that the vaccine caused-in-fact A.L.'s alleged injuries, any other injury, or his current condition.

7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between the111 shall be settled and that a decision should be entered awarding the co111 pensa1ion described in paragraph 8 or this Stipulation.

8. /\s soon as practicable after an entry ofjudgmcnt refl ecting a deci sion consistent w ith the term s of this Stipu lation, and after petitioner has fi led an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( I), the Secretary or Hea lth and Human Services wi ll issue the fo llowing vaccine com pensation payment : An amount o f $20,000.00 to purchase the annuity contract described in paragraph I 0 below, paid to the l ife insurance co111pany from which the annuity w ill be purchased (the " Life Insurance Con1pany").

T his amou nt represents compensation for all damages that would be ava ilab le under 42 U.S.C. §300aa- l 5(a).

9. The L ile Insurance Company must have a minimum or $250.000,000.00 capital and surplu s, exclusive or any mandatory security va luation reserve. The Life Insurance Company must have one or the fol lowing ratings from two or the fo llowing ratin g organi7.ations: a. /\.M. Best Company: /\++, /\ +-, /\ +g, /\+p, /\I r, or /\+s; b. M oody's Jnvestor Service Claims Paying Rating: Aa3, Aa2, Aa I, or Aaa; c. Standard and Poor 's Corporation Insurer Claims-Paying /\bi l ity Rating: /\A-,/\/\, AA+, or AAA; d. Fitch Cred it Rating Company, Insurance Company Claims Paying /\ bility Rating: Ai\-, A/\ , A/\+, or /\/\/\.

I 0. The Secretary of Health and Human Services agrees to purchase an annuity contract from the Life Insurance Company ror the benefit of /\.L .. pursuant to w hich the Lire Insurance Company w ill agree to make certain lump sum payments to /\.L. for all damages that would be available under 42 U.S.C. ~300aa- I 5(a), as fo llows: a. A certain Lump S L1rn of $ 15.4 I 0.39 payable on A pril 20. 2036.

b. A certain Lump Sum of $ 15.480.1 2 payable on May 20, 2036.

The purchase price of the annuity descri bed in th is paragraph shal l neither be greater than nor less than $20,000.00. In the event that the cost of the annuity set fotth above varies from $20,000.00, the certain lump sum payable on May 20, 2036. sh al I be adjusted to ensure that the total cost or the annuity is neither less nor greater than $20,000.00. The certa in lump sum payments provided herein shal I be made to AL. as set forth above. Shou ld A.L. predecease payment of any o f.the ce rtain lump sum payments set forth above, uny outstanding payments shall be made to his estate. I lowevcr. w ritten notice to the Secretary of I lea Ith and I luman Services and the Li fc Insurance Company sh al I be provided w ithin twenty (20) days of /\L's death.

11 . The an nuity con tract w ill be owned solely and exclusively by the Secretary o f I lea Ith and Human Services and will be purchased as soon us practicable fo llowing the entry of a j udgment in conformity with this Stipulat ion. T he parties stipulate and agree that the Secretary of' 1lea lth and I luman Serv ices and the Un ited States o f America arc not responsible fo r the pay ment of any sums other than the amounts set forth in paragraph 8 here in and the amounts awarded pursuant to paragraph 13 herein, and that they do not guarantee or insure any or the ruturc ann uity payments. Upon the purchase of the annuity contra ct, the Secretary o r I lea Ith and I luman Services and the United States of America are released f'rom any and all obligations wi th respect to future annuity payments.

12. The parties stipulate and agree that the annuity payments cannot be assigned, accelerated, deferred, increased. or decreased by the parties and that no part of any annuity payments called for herein, nor any assets of the United States or the annuity company. are subject to execution or any lega l process for any obligation in any manner. Petitioner and petitioner's heirs, cxcwtors. administrators, successors. and assigns do hereby agree that they have no power or right to sell, assign, mortgage, encumber. or anticipate sa id annuity payments, or any part thereof, by assignment or otherwise. and further agree that they will not se ll, assign, mortgage. encum ber, or anticipate said annuity payments, or any part thereof, by assignment or otherwise.

13. As soon as practicable after the entry of judgment on entitlement in this case. and after petitioner has fil ed both a proper and timely election to receive compensati on pursuant to U.S.C. § 300aa-2 1(a)( I), and an application, the parties will submit to f'urth er proceed ings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

14. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not fo r any items or services for which the 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. f'cdc ral or State hea lth benefits programs (other than Title XIX ol'thc Social Security Act (42 U.S.C . *1396 et seq.)), or by entities that provide health services on a pre-paid basis.

15. Payments made pursuant to paragraph 8 and any amoL1nts awarded pursuant to paragraph 13 of this Sti pulation wi11 be made in accordance with 42 U.S.C. § 300aa- l 5(i), subject to the avai lability of sufl7cient statutory f'uncls.

16. T he parties and their attorneys rurth er agree and stipu late that, except fo r any award fo r attorneys' fees and litigation costs, and past unrcimbursed expenses, the money provided pursuant to th is Stipulation w i ll be used so lely for the benefit of A .L. as contemplated by a strict construction o f 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions or 42 U.S.C. § 300aa- 15(g) and (h).

17. Petitioner represents that he presently is. or if necessary w ill become, duly authori zed to serve as guard ian of /\.L. 's estate under the laws of the State of Nevada.

18. In return for the payments described in paragraph s 8 and 13, petitioner, in his individua l capacity and as legal representative of /\ .L., on behalf o f himse lf, A.L., and hi s heirs, executors, administrators, successors or assigns, do forever irrevocab ly and unconditionally release. acquit and discharge the United States and the Secretary o f I lea Ith and I luman Serv ices from any and all actions or causes of action ( inc luding agreements, j uclgments, claims, damages, loss o f services, expenses and all demands or whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court o f Federal Claims, under the National Vacci ne Injury Compensation Program , 42 U.S.C. ~ 300 aa- 10 ct seq., on account of~ or in any way growing out of, any and al I known or unknown, suspected or unsuspected persona l inj uries to or death of /\.L. resulting from, or alleged to have resu lted from, the vaccinat ion admin istered on November 22, 2022. as alleged in a petition for vaccine compensation fil ed on or about January 4, 2024, in the U nited States Court of Federa l C laims as petition No. 24- 15 V. 19. If /\.L. should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on beha lf" or either or both of the parties.

20. I f the specia l master fail s to issue a decision in complete conformity with the terms of thi s Stipulation or if the Court of Federal Claims fail s lo enter judgment in conformity with a

decision that is in comp lete conform ity wi th the term s of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the so le discretion of either party.

2 1. This Stipulation expresses a ful l and comp lete negotiated settlement of liability and damages claimed under the National Chi Id hood Vacc ine I njury Act of 1986. as amended. except as otherwise noted in paragraph 13 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 clearl y agreed to. T he parties further agree and understand that the award described in this Stipu lation may rcllect 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 injury or condition or in the items of compensation sought, is not grounds to modify o r revi se this agreement.

22. Petitioner hereby authorizes respondent to disclose documents fi led by pet itioner in this case consistent w ith the Privacy Act and the routine uses described in the Nationa l Vacci ne l njL1ry Compensation Program System of Records, No. 09-15-0056 .

23. Thi s Stipulation shall not be constrned as an admi ss ion by the United States or the Secretary of I lca lth and Human Services that the vaccine caused-in-fact A.L 's alleged injury, o r any other injury or A. L.'s current condition, or that A .L. sufTercd an injury contained in the Vaccine Injury Table.

24. All r ights and obligations o f'petitioner hereunder shall apply equally to petitioner's heirs. executors, adm inistrators, successors, and/or assigns.

EN D OF STIPULATION

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~~\i.,Q~ l31~tJCE W. SLANE HEATHER L. PEART.MAN The Lflw Office of J3nice W. Slane, P.C. Deputy Director Enst Post Road, Suite 205 Torts Branch, Civi l Divi sion White Plain s, New York 10601 U.S. Department of Justice Tel: (914) 269-20 10 P.O. Box 146 Enrni l : [email protected] Benjamin Frnnklin Station.com Wnshi ng1on. DC 20044-0146 A UTHORlZF.D REPRESENTATIVE ATTON r~Y OF RrtCORl) FOR OF THE Sl:CRETARV OF HEALTH 1 RESPONDENT: ANO J-ITJMAN SF:RVICF-S: Jeffrey 5. Dl9lt~llyslgricdbyMfrey s, Ocar.h ·S Beach _5 ~~~~~o,.s.01.2s 10:04:54 for CAPT GEORGE REED GRIMES, MD, MPH Di rector, Division of Injury Trinl Attorney Compensation Progrnms Tori :; Branch, Civi l Division f Icallh Systems Bureau U.S. Department orJusti cc Her1l1h Resources and P.O. 0ox 146 Servkcs Administration Denj amin Franklin Station U.S. Department ofHcr1lth and Washington, DC 2004(1-0146 Human Services Tel : (202) 6 1(>-4186 5600 Fi!.ihers Lane, 08W-25A Emnil: Em il y.l lanson@uscloj .gov Rockville, MD 2085 7

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