Hernandez v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 24-1326V

CLAUDIA HERNANDEZ,

Petitioner, v. Chief Special Master Corcoran SECRETARY OF HEALTH AND Filed: May 26, 2026 HUMAN SERVICES,

Respondent.

Michael Arvin Firestone, Marvin Firestone, MD, JD, and Associates, San Mateo, CA, for Petitioner.

Alyssa M. Petroff, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On August 27, 2024, Claudia Hernandez 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”) as a result of an influenza (“flu”) vaccine she received on September 24, 2021. Petition at 1; Stipulation, filed at May 26, 2026, ¶¶ 1-4. Petitioner further alleges that she suffered the residual effects of her injury for more than six months. Petition at 7; Stipulation at ¶4. “Respondent denies that petitioner sustained a SIRVA, as defined in the Table, denies that the vaccine caused petitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.

Nevertheless, on May 26, 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 $52,500.00, 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 UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS CLAUDIA HERNANDEZ,

Petitioner, v. No. U.1326V

Chief Special Master Corooran SECRETARY OF HEALTH AND ECF HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

1. Claudia Hernandez, petitioner, tiled a petition ror 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 vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"). 42 C.F.R. § 100.l(a).

2. Petitioner icceivcd the influenza vaccination in her left arm on September 24, 2021. 3. The vaccine was administered within the United States.

4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a rcsuh of receiving the influenza vaccine within the Table time fiame, and that she experienced residual effects of this injury for more than six months.

S. Petitioner repments that there bas been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

6. Respondent denies that petitioner sustained a SIRVA, as defined in the Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a scqucJa of a vaccine--relatcd 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 this Stipulation.

8. As soon as practicable after an entry ofjudgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner bas filed ID election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary ofHeallh and Human Services will issue the following compensation payment:

A lump sum payment of $52,500.00 to be paid through ID ACH deposit to petitioner's colmSel's IOLTA accow,t for prompt disbursement to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. § 300aa- l S(a).

9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after petitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(I), and an application. the panics will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition.

10. Petitioner and her 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-l S(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 State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities Chat provide health services on a pre-paid basis.

11. Payments made pursuant to paragraph 8 of this Stipulation. and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C. § 300aa-1 S(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 litiaation costs, and past umeimbursable expenses. the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner, as contemplated by a strict construction of 42 U.S.C. § 300aa-lS(a) and (d), and subject to the conditions of42 U.S.C. §§ 300aa-1 S(g) and (b).

13. In return for the payments descnl>ed in paragraphs 8 and 9, petitioner, in her individual capacity and on behalfof her heirs. executors. administrators, successors or assi&m> does forever irrevocably and unconditionally release, acquit and discharge lhe United States and the Secretary of Health and Human Services from any and all actions. causes of action (including agreements, judgments, claims, damages. loss ofservices, expenses and all demands of whatever kind or nature) that have been brought, could have been brought, or could be timely brought in the Court of Federal Claims, under the National Vaccine lnjwy Compensation Proaram, 42 U.S.C. § 300aa 10 et seq., on account of. or in any way growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted ftom, the influenza vaccine administered on or about September 24, 2021, as alleged by petilioner in a petition for vaccine ~ompensation filed on August 27, 2024. in the United States Court of Federal Claims as petition No. 24-1326V.

14. If petitioner should die prior to entry ofjudgment., this asreemcnt shall be voidable upon proper notice to the Court on behalf ofeither or both of the parties.

C

IS. If the special master fails to issue a decision in complete confonnity with the terms ofthis Stipulation or iftbc Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete confonnity with the tenns of this Stipulation, then the parties• settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expreues 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 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 ofthe 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 influem:a vaccine caused petitioner to suffer a shoulder injury or her current disabilities, or any other injury or condition, or that petitioner sustained an injury contained in the Vaccine Injury Table.

I 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs. executors. administrators. successors, and/or auigm.

END OF STIPULATION

RespcctfuUy submitted.

ATIORNEY OF RECORD FOR AU1110RIZED REPRESENTATIVE PETITIONER: OF THE ATfORNEY GENERAL:

1t&l~ The Law Firm of Marvin Firestone & Assoc

tf. f ~ p,,,4,J l(.4 r......_ H THER L. PEARLMAN Deputy Director

1700 South El Camino Rea), Suite 408 Torts Branch San Mateo, CA 94402 Civil Division (650) 212-4900 U.S. Department ofJustice E•mail: [email protected] P.O. Box 146

Benjamin Franklin Station Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATIORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT:

AND HUMAN SERVICES:

Digitally signed by George George R• A.Grimes·S16 Grimes-516 ::,2026•00013:33:44

~

CAPT GEORGE REED GRIMES. MD. MPH Director, Division of Injury 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 S600 Fishers Lane. 14W-18 Tel: (202) 307-3852 Rockville. MD 20857 E-mail: [email protected]