Pierre v. Secretary of Health and Human Services

$033&$5&%

In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 25-0114V

FELICIA PIERRE, Chief Special Master Corcoran Petitioner, Filed: May 6, 2026 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent.

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.

Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION 1 On January 21, 2025, Felicia Pierre 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 10, 2022. Petition at 1; Stipulation, filed at May 5, 2026, ¶¶ 2, 4. Petitioner further alleges that she suffered the residual effects of her vaccine-related injury for more than six months. Petition at ¶ 27; Stipulation at ¶ 4. “Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused her alleged shoulder injury, or any other injury; denies that the flu vaccine significantly aggravated her alleged injury; and denies that Petitioner’s current condition is a sequela of a vaccine-related injury.”

Stipulation at ¶ 6.

Nevertheless, on May 5, 2026, 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 $100,000.00, 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 COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS

FELICIA PIERRE, Petitioner, V. No. 25-I I4V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent.

STIPULATION The parties hereby stipulate to the following matters: 1. Felicia Pierre ("petitioner") 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 injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received a flu vaccination on November 10, 2022.

3. The flu vaccine was administered within 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 Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months.

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

6. Rer:-;pondent denil:s 1h;-;i pditiorwr ~u::;(aim:d a SJRV/\ Tahk injury; denies 1hat the ilu vaccine cau:sed her alleg,ed shoul<ler injury, or any other injury; denies that the flu vaccine significantly aggravated her alleged injury; and denies that petitioner's current condition is a

7. Maintaining tl1eir 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

8. As soon as prncticahlc after an entry of judgment reflecting a decision consistent with the terms of this Stipulation, and attcr petitioner has filed an election to receive

Services wiIJ issue the following vaccine compensation payment: A lump sum payment of $100,000.00 to be paid through an A.CH depos it to pc~titioner's counsel's TO[ TA accrnmt for prompt disbursement to peti1inner; Felicia Pierre. Thi,: ::imo1ml represrnts cnmpcnsation for all damages that would be available under 42 U.S .C. § 300aa-15(a).

9. !\s soon as practicable after rhc entry ofjudgmr;Ht on -.:Hliik:w::nl in this case. and after petitioner has filed both a proper and timely election to receive compensation pursuant to U.S.C § 300aa-21(a)(I), and an application, the parties will submit to further proceedings before the special master lo award rcasouabk <ittorncys' fees and co:~ts i,1curr.:d in pmcccdi11g upon this petition.

10. Petitioner and h,~r attorney represent that compensation to be provided pursuant to under 42 U.S.C. § 300aa-- l 5(g). to the extent that payment has been made or <.:an reasonably be expected to be made under any Si<11e compensation programs, insurance policies, Federal or State health bcncfi1s progrnrns (other them Title XJ X 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 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 unrcimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict constrnction of 42 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).

13. ln return for the payments described in paragraphs 8 and 9, petitioner, in her individual capacity and on behalf of her heirs, executors, administrators, 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 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 brough1 , or could be timely brought in the Court of Federal Claims, under the National Vaccine Tnjury Compensation Program, 42 U.S.C. § 300aa- l 0 ct seq., on account of: or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries lo or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on or about November I0, 2022, as aIJeged in a petition for vaccine compensation filed on or about Januaty 21, 2025, in the United Staie::; Couri of l-cdcraJ Claims as petition No. 25-1 111V.

14. Jfpctitioncr should die prior to entTy 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 iss11e a df'.cisinn in Coinp1<~it, (:(1i1fr1rT11i,y wil11 nil~ terms of this Stipulation or if the Court of Federal Claims fails to enter judgment in r.onformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' seitlemenl c1ud this Siipuh1i.iu11 sh;:.ill bt: voidable al Ou: sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except as otherwise nuied 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 injury 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 Human Services that the flu vaccine or any other vaccination caused petitioner's alleged shoulder injury or any other injury or petitioner's cun-cnt condition, or that petitioner suffered an injury contained in the Vaccine Injury Table.

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

END OF STlP{)LATlON

Respectfully submitted, PETITIONER:

FELICIA. PIERRE

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

il~tcllkw ~ _)~jv}C,___ - ¼ ~ ~ Q ~-- RONALD HOMER / /<'4l f.J. l( t) ( .2.)

HEATHER L. PEARLMAN Conway Homer, P.C. Deputy Di rector Shawmut Street Torts Branch Boston, MA 02116 Civil Division (617) 695-1990 U.S. Department of Justice [email protected] P.O. Box l46 Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETAR\'.' OF HEA LTR RESPONDENT: AND HUMAN SERVICES: George R. Grimes - DigitallysignedbyGeorgeR.

Grimes -S16 S16 Date: 2026.04.28 09:03:40 -04'00' CAPT GEORGE REED GRIMES, MD, MPH CQ&rLEJ. WEBSTER 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 ofHea}th Benjamin Franklin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 14W-18 (202) 307-3241 Rockville, MD 20857 Camille. [email protected]

Dated: l;J ( 5b,&J CERTIFICATE OF SERVICE I certify that today, May 5, 2026, a copy of the foregoing pleading was served by electronic mail to Ronald Homer at [email protected] and Nathaniel Enos at [email protected].

/s/Camille J. Webster Camille J. Webster Trial Attorney Torts Branch, Civil Division U.S. Department of Justice P.O. Box 146 Ben Franklin Station Washington, D.C. 20044-0146 Direct dial: (202) 307-3241 Email: [email protected]