Viste v. Secretary of Health and Human Services

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 24-0983V

ZENAIDA VISTE, Chief Special Master Corcoran Petitioner, Filed: December 31, 2025 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.

Tyler King, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1 On June 26, 2024, Zenaida Viste 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”) resulting from an influenza (“flu”) vaccine received on September 15, 2022. Petition at 1; Stipulation, filed December 30, 2025, at ¶¶ 2-4.

Petitioner further alleges the vaccine was administered in the United States, she suffered residual effects of her condition for more than six months, and there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

Petition at ¶¶ 8, 46, 47; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on December 30, 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 $42,500.00, 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 UNITE)) STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

ZENAIDA VISTE, Petitioner, v. No. 24-983V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the fo llowing matters: 1. Zenaida Viste ("petitioner") fi led a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a flu vaccination on September 15, 2022.

3. The flu vaccine was administered withi n the United States.

4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Tab le fo llowing administration of the vacc ine. Petitioner further alleges that she experienced the residual effects of her condition for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civi I action for damages on her behalf as a result of her condition.

6. 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 petitioner's current condition is a sequela of a vaccine-related injury.

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 the Stipulation.

8. As soon as practicable after an entry of judgment reflecting a decision consistent with the terms of the Stipulation, and after petitioner lrns tiled an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Hea lth and Human Services will issue the fo llowing vaccine compensation payment: A lump sum payment of $42,500.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner. The amount represents compensation fo r all damages that would be available under 42 U.S.C. § 300aa-15(a).

9. As soon as practicable after the entry of j udgment on entitlement in the case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to U.S.C. § J00aa-2 1(a)( I), and an application, the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon the petition.

I0. Petitioner and her attorney represent that compensation to be provided pursuant to the Stipulation is not for any items or services for which the Program is not primarily Iiable 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 progrnms, insurance policies, Federal or State health benefits programs (other than Title XIX of the Soc ial Security Act (42 U.S.C. § 1396 ct 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 the Stipulation will be made in accordance with 42 U.S.C. § 300aa- 15(i), subject to the avai lability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipu late that, except for any award for attorneys' fees, and litigation costs, and past w1reimbursab le expenses, the money provided pursuant to the Stipulation will be used solely for the benefit or petitioner as contemplated by a strict construction of 42 U.S.C. § JOOaa- 15(a) and (d), and subject lo the conditions of 42 U.S.C. § 300aa- l 5(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on beha lf of her heirs, executors, admin istrators, successors or assigns, does forever irrevocably 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 time ly brnught in the Court of Federal Clai,ns, under the National Vaccine r11jury Compensation Program , 42 U.S.C. § 300aa IO ct seq., on account of, or in any way growing out of, any and all known or unknown, suspected or unsuspected personal inj uries to or death of petitioner resu lting from , or alleged to have resulted from, the flu vacci ne administered on or about September 15, 2022, as alleged by petitioner in a petition fo r vaccine compensation fi led on June 26, 2024, in the United States Court of Federal Claims as petition No. 24-983V.

14. If petitioner should die prior to entry of judgment, the 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 terms or the Stipu lation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confoirnity with the terms of the Stipulation, then the parties' settlement and the Stipulation shall be vo idable at the sole discretion of either party.

16. The Stipulation expresses a full and complete negotiated settlement of liabil ity and damages claimed under the National Chi ldhood Vaccine Injury Act of J 986, as a1r1ended, 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 the 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 injury or condition or in the items of compensation sought, is not grounds to modify or revise the agreement.

17. Ther Stipulation shall not be construed as an admission by the United States or the Secretary of IIca lth and Human Services that the nu vaccine caused petitioner's alleged shoulder injury or any other injury or petitioner's current condition, or that petitioner suffered an injllry contained in the Vacc ine Injury Table.

18. All rights and obligations of petitioner hereL1nder shall apply eqL1ally to petitioner's heirs, executors, administrators, successors, and/or assigns.

EN D OF STIPULATION

Respectfully submitted, PET~

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

• J,A f d>Y-1 A~ Qo; I ,0 J.&1C::::- HEATHER L. PEARLMAN Jeffrey S. Pop & Associates Deputy Director 9150 Wi Ishire Blvd., Suite 241 Torts Branch Beverly Hills, CA 90212 Civil Division Phone: 310-273-5462 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 S. r: Digitally signed by Jeffrey As.Beach -s ' ~ , , r_ r.-v'V' ?J .

Beach -5 ; .:Dat~.:2025.12.1109:40:25 ,. , :QS'OQ' far f:l WM-h0 Lf t c ~ CAPT GEORGE REED GRIMES, MD, MPH TYLER C. KING Director, Division oflnjury 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, 14W-18 (202) 305-0730 Rockville, MD 20857 [email protected]