Martinez v. Secretary of Health and Human Services

$033&$5&%

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 21-0182V

CELIA MARTINEZ, Chief Special Master Corcoran Petitioner, Filed: July 31, 2026 v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Rhonda Lorenz-Pignato, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.

Rochelle Ilana Gillenson, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On January 7, 2021, Celia Martinez filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”).3 Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), which meets the Table definition for a SIRVA injury after receiving an influenza (“flu”) vaccine on September 24, 2020. Amended Petition at 1, ¶¶ 2, 36-37, 42; Stipulation, filed July 30, 2026, ¶¶ 1-2, 4. Petitioner further alleges that she received the vaccine in the United States, that she suffered the residual effects of her SIRVA more than six months post-vaccination, and that neither she nor any other person has filed a civil action or received compensation for her SIRVA. Amended Petition at ¶¶ 2, 36, 39-40; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the flu vaccine caused [P]etitioner’s alleged SIRVA, or any other injury; and denies that the flu vaccine caused [P]etitioner any other injury or [P]etitioner’s current condition.” Stipulation at ¶ 6.

Nevertheless, on July 30, 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 $16,054.91 as follows:

1. A lump sum payment of $15,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to

Petitioner; and

2. A lump sum payment of $1,054.91, representing compensation for satisfaction of the State of Nevada Medicaid lien, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement to:

The Rawlings Company, LLC

Attn: Jacob Redmond

P.O. Box 2000

La Grange, KY 40031

Reference Number: 175042259.

Stipulation at ¶ 8. 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.4

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

CELIA MARTINEZ,

Petitioner, No. 21 -182V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

STIPULATION The parties hereby stipulate to the following matters: I. Celia Martinez ("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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I00.3(a)

2. Petitioner received a flu vaccine on September 24, 2020.

3. The vaccine was administered within the United States.

4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table following administration of the flu vaccine. Petitioner further alleges that petitioner suffered the residual effects of the alleged injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil action for damages on petitioner's behalf as a result of the alleged injury.

RSigri envelope ID: ENV98536102·0107•8FFF-2310 BOAA 07114/2026 22:25 PM UTC 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that the flu vaccine caused petitioner any other injury or petitioner's current condition.

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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21 (a)( l ), the Secretary of Health and Human Services will issue the following vaccine compensation payments:

A. An amount ofSlS,000.00 to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to petitioner; and B. An amount of $1,054.91 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Nevada, to be paid through an ACH deposit to petitioner's counsel's IOLTA account for prompt disbursement to: The Rawlings Company LLC Attn: Jacob Redmond P.O. Box 2000 La Grange, KY 40031 Reference Number: 175042259

These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-JS(a).

This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Nevada may have against any individual as a result of any Medicaid payments the Nevada Program has made to or on behalf of Celia Martinez as a result of her alleged vaccine-related injury suffered on or about September 24, 2020, under Title XIX of the Social Security Act, lli 42 U.S.C. § 300aa-l5(g), (h).

RSign EnvelOpe ID: ENV98536102-0107-8FFF-2310-SOAA 07114/2026 22:25 PM UTC 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-21 (a)(l ), 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 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-l 5{g), to the extent that payment has 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. § J 396 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 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 unreimbursed 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner. in petitioner's individual capacity, and on behalf of petitioner's 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

RSlgn Envelope 10 : ENV98536102-0107,BFFF-2310·8DM 07/14/2026 22:25 PM UTC 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 timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-JO et seq., on account of, or in any way growing out of, any and atl known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered on September 24, 2020, as alleged in a petition for vaccine compensation filed on or about January 7, 2021, and amended on September 28, 2022, in the United States Court of Federal Claims as petition No. 2 l- l 82V.

14. If petitioner should die prior to entry 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 issue a decision in complete confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the terms of this Stipulation, then the parties' settlement and this Stipulation shall be voidable at the 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 I986, 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 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.

RS,gn Envelope ID: ENV98536 102·0107-8FFF•2310-BOAA 07/14/2026 22:25 PM UTC 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 caused petitioner's alleged SIRVA or any other injury or petitioner's current 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 STIPULATION

RSign Envelope 10: ENV98536102-0107-8FFF-23t0-BOAA 07114/202~ 22:25 PM UTC Respectfully submitted,

PETITIONER:

CELIA MARTINEZ

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

~~~

Shannon Law Group, P.C. ~ ~ ~ . ( r . . . . kW'::'- HEATHER L . PEARLMAN Deputy Director 6825 Hobson Va1ley Drive, Suite 101 Torts Branch Woodridge, IL 6051 7 Civil Division (312) 578-950 l 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:

George R. Grimes Oig[tally signed by GeorgeR.

Grimes -S16 -$ 16 Oate:2026.07.0716!10-.20-04'00'

CAPT GEORGE REED GRIMES, MD, MPH

4},'1f_ <f"C1~ ROCHELLE I. GILLENSON Director, Division of Injury 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) 616-4267 Rockville, MD 20857 [email protected]

Dated:

RSign Envelope ID: ENV98536102-0107-BFFF•2310-80AA 07/14/20U 22:25 PM UTC Envelope Data

Subject: Shannon Law Group • Martinez • Stipulation Request

Documents: Martinez 21 ·0182 Stip.pdf

Document Hash: 5aAl497Bb15AhmANCejcJ9N7Ydm/bwnt+ljXc2kShNs•

Envelope 10: ENV98536102-0107-BFFF-2310-80AA

Sender: Admin Shannon Law Group

Sent: 07/14/2026 21 :23 PM UTC

Status: Completed Access Authentication: None Status Date: 07/14/2026 22:25 PM UTC Email Access Code: Not Enabled Email Verification: Not Enabled

Recipients / Roles

Name , Role Email Type Admin Shannon Law Group [email protected] Sender Celia Martinez [email protected] Signer

Document Events

Name , Roles Email IP Address Date Event 99.114.247.233 07/14/2026 21: Admin Shannon Law Group [email protected] Created PM UTC 07/14/2026 22: Celia Martinez [email protected] 45.86.211.26 Signed PM UTC 07/14/2026 22: Status - Completed PM UTC Signer Signatures

Signer Name I Roles Signature Initials

Celia Martinez