United States Court of Federal Claims, 2025

Musabyemariya v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided October 23, 2025 · Brian H. Corcoran

Opinion

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0291V

EPIPHANIE MUSABYEMARIYA, Chief Special Master Corcoran Petitioner, Filed: September 19, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Christopher J. Webb, Black McLaren Jones Ryland & Griffee, Memphis, TN, for Petitioner.

Margaret Armstrong, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On February 23, 2024, Ephiphanie Musabyemariya 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”) following an influenza vaccination she received on November 2, 2022. Petition at 1; Stipulation, filed at September 19, 2025, ¶¶ 2, 4. Petitioner further alleges that she has suffered the residual effects of her vaccine- related injury for more than six months. Petition at ¶ 28; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury, denies that the flu vaccine caused Petitioner’s alleged shoulder injury, or any other injury, and denies that the flu vaccine caused Petitioner’s current condition.” Stipulation at ¶ 6.

Nevertheless, on September 19, 2025, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the

1 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. 2 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). 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: x A lump sum of $35,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation at ¶ 8(A); and x A lump sum of $5,000.00, in the form of a check payable jointly to Petitioner and New York State Department of Health, P.O. Box 415874, Boston, MA 02241-5874, Ref.: Epiphanie Musabyemariya; Recovery Case No. 249849, representing reimbursement of a Medicaid lien for services rendered to Petitioner by the New York State Medicaid Program. Stipulation at ¶ 8(B).

These amounts represent 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

3 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.

IN TIit: IINl'l't:D s-rA'n:s ( 'Olllt'I' 01-· n:ut:1u1. ( 'I.AIMS on·1c ·•: o•· st••:nAI, MAST.:HS

EPll'IIANIE MUSAUYEMARIY A.

Petitioner. No. 24•291V ChicfSr,ctial Master Corcoran v. ECI-' SECRETARY OF HEALTH ANI> HUMAN SERVICES.

Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Epiphanie Musabycmariya ("petitioncrj filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the ..Vaccine Program;. The petition seeks compensation for injmies allegedly related to petitioner•s receipt of an influcma ("fluj vaccine, which vaccine is contained in the Vaccine Injury Table (the '7ablej, 42 C.F.R. § 100.3(a) 2. Petitioner received a flu vaccine on November 2. 2022.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner suffered a shoulder injury related to vaccine administration ("SIRVA") within the time period set fonh in the Table, and/or that she suffered ..other injmies that represent a 'table injury' and/or" injmies that were cause(f.in•fact by the flu vaccination. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months.

7. Maintain•"l! thtir ahm"t-statcd ~itions. lht partin newrthtln., now 8'J'« that the 1!1,qr.. hc-fwrm tht"m shall tic ,rttlcd and that a decision should he mtcml awardin~ lht

«.fflilfflYhon cbcritied m Jlll'llD'arh I of this Stipulauon.

I . As 100C1 a practicable after an muy of j ~ rcfl«ring a decision consisccnc W1th lht tmns of this Stipulation. and after petitioner has filed an el«lion to receh,-e compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secrttary of Health and Human Services ,-ill issue the follo"'intz vaccine compmsa&.ion pl)fllCl'ltl for all dama,es thal would be available under 42 l'.S.C. § lOOaa-JS(a): A. A lump sum pa)'mcnt of SJ~.000.00 to be paid through an ACH deposit to petitioner's c:oumcrs IOLTA account for p-ompc disbursement to petitioner; and 8. A hanp sum of".000-00. 1 rq,menting reimbursement of a Medicaid liffl for services rendmd to petitioner by the New York Swc Medicaid Propam in the form of a check payable jointly to petitioner and New York State Department of Heahb: NEW YORK STATE DEPARlMENT OF HEALTif P.O. Box 41S874 8osaon. MA 02241-5874 Ref.: Epiphanit Musabyenwi)·a; Recovery Case No. 2498-19

1lbs, amoutd 1cpesmts full satisfaction ofany right o f ~ usiinmmt. c:laim, lien.« uu~ of action the New York Sta~ l>tpauunmt of Health and/or HMS, Int., ma) h,nc ~~Ml &n) ind1ndu.l.l • a mutt of any Mcdic&&d paymmlS made to or on bth.alf offr•rfwtit M~mwi>• • a mull of her alleged vaccint•ttlakd injury sutlmd Mor a~-ul Nl)\ffllh:r 2, 2tJ!2, unikr 'J 11k XIX of lht Sol:ial Security Atl, M 42 lJ.S.l'. § )Olbia• l ~(lt), (hi.

~- As Sllllm as p1'3Cticat,lt aOtr lhc mtry ofjudpnmt on entitlement in this ca.,e, and after rctiti<mcf ~, filed both a prorcr and timdy election to receive compensation pursuant to 42 U.S.C. § 300aa•2l(aX1). and an application. lhc parties will submit to further proceedings before lhc special ma.~er to award reasonable attorneys' fees and costs incwred in proceeding upon this petition.

10. Petitioner and petitioner's 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·l5(g). to the extent that payment bas been made or can reasonably be expected to be made under any State compensation programs. insurance policies, Federal or Swc 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. Payments 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 availabjlity of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that. except for any award for attorneys' fees and litigation costs, and past unrcimbursed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a suict comuuction of 42 U.S.C. § 300aa•l5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa•l5(g) and (h).

13. In return for the payments described in paragraplL1 8 and 9, petitioner, in petitioner's individual capacity, and on behalf of petitioner's heirs. exccUIOl'S, administrators. successors or assigns, does forever irrevocably and WlCOnditionally release, acquit and discharge the United

_ __J ----·------------------------- States and lM Secretary of llralth and Human Services fmm any and all action., or ca111CS of action (inch.ting ~rttrnmts. judgmmts. claims. damages. l<m of services, expenses and all drnwlds of \\Ntcver kind or nature) that have been brought. could have been brought. or could be timely brought in the Court of Fedml Claims. wider 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 aJI known or unknown. suspected or unsuspected personal injuries to or death of petitioner raulting from. or alleged to have resulted from. the flu vaccination administered on November 2. 2022, as alleged in a petition for vaccine compensation filed on or about February 23, 2024, in the United States Court of Federal Claims as petition No. 24-291 V. t 4. If petitioner should die prior to entry ofjudgment, this agreement shall be voidable upon proper notice to the Court on behalf ofeither or both of the parties.

JS. Ifthe special master fails to issue a decision in complete conformity with the terms of this Stipulation or ifthe Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms ofthis Stipulation, then the parties' settlement and this Stipulation shall be voidable at the sole discmion ofeither party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine lnjwy 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 amowit ofdamages, and further, that a change in the nature of the injury or condition or in the items of compemation sought, is not grounds to modify or revise this agreement

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17. This Stirutaaion shaJI not be construed a., an admission by the United States or the S«rcwy of Health and Hwnan Services that the flu ~ine caused petitioner's alleged injury or any other injury or petitioner's cunent disabilities. or that petitioner suffered an injury contained in the Vaccine Injury Table.

18. All rights and obligation., of petitioner hereunder shall apply equally to petitioner's heirs. executors. administtators. ~ and/or assigns.

END OF STIPULATION

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Case-law data current through December 31, 2025. Source: CourtListener bulk data.