VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_14-vv-00980
Package ID: USCOURTS-cofc-1_14-vv-00980
Petitioner: Stellamarie Liverance
Filed: 2014-10-14
Decided: 2015-07-17
Vaccine: influenza
Vaccination date: 2013-10-16
Condition: left shoulder injury
Outcome: compensated
Award amount USD: 138000

AI-assisted case summary:
Stellamarie Liverance filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury as a result of receiving an influenza vaccine on October 16, 2013. The injury's residual effects allegedly lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the alleged injury or any other injury. Despite this denial, the parties reached a settlement. They filed a joint stipulation agreeing to resolve the case. Under the terms of the stipulation, the respondent agreed to pay Stellamarie Liverance a lump sum of $125,000.00 for all available damages. Additionally, the parties stipulated to an award of $13,000.00 for attorneys' fees and costs. The Special Master adopted the stipulation and awarded the total compensation of $138,000.00. The case was settled as a Table claim for SIRVA, with the injury being presumed to be vaccine-related.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_14-vv-00980-0
Date issued/filed: 2015-07-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/04/2015) regarding 24 DECISION Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-980V
Filed: May 4, 2015
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
STELLAMARIE LIVERANCE, *
*
Petitioner, * Stipulation; Influenza;
v. * Shoulder Injury (SIRVA);
* Special Processing Unit (SPU)
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael G. McLaren, Black McLaren Jones Ryland & Griffee, PC, Memphis, TN, for
petitioner.
Darryl R. Wishard, United States Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
Vowell, Special Master:
On October 14, 2014, Stellamarie Liverance (“petitioner”) filed a petition for
compensation under the National Vaccine Injury Compensation Program, 42 U.S.C.
§300aa-10, et seq,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that, as a result
of receiving an influenza vaccine on October 16, 2013, she suffered a shoulder injury
the residual effects of which lasted more than six months. (See Stipulation for Award,
filed May 4, 2015, ¶¶ 1-4 (ECF No. 23).) Respondent denies that the influenza
vaccination caused petitioner’s alleged shoulder injury or any other injury. (Id., ¶. 6.)
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, it will be
posted on the United States Court of Federal Claims' website, in accordance with the E-Government Act
of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)). 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 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood
Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§
300aa-1 to -34 (2006).

Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 2 of 7
Nevertheless, the parties have agreed to settle the case. On May 4, 2015, the
parties filed a joint stipulation agreeing to settle this case and describing the settlement
terms.
Respondent agrees to pay petitioner:
A lump sum of $125,000.00 in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under
42 U.S.C. § 300aa-15(a). (Id, ¶ 8.)
I adopt the parties’ stipulation attached hereto, and award compensation in the
amount and on the terms set forth therein. In the absence of a motion for review filed
pursuant to RCFC Appendix B, the clerk of the court is directed to enter judgment in
accordance with this decision.3
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by each filing a notice renouncing
the right to seek review by a United States Court of Federal Claims judge.

Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
STELLAMARIE LIVERANCE, )
)
Petitioner, ) No. I4 -980Y ECF
)
v. ) Chief Special Master Yowell
)
SECRETARY OF HEALT H )
AND HUMAN SERVICES, )
)
Respondent. )
~~~~~~~~~~~~~~ )
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Stellamarie Liverance, filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I 0 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the influenza ("flu") vaccine. which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I 00.3(a).
2. On October 16, 2013, petitioner received the flu vaccine in her left arm.
3. The flu vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the flu vaccine, she suffered from a left
shoulder injury, and that she experienced symptoms of that injury for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of her alleged injuries.
6. Respondent denies that the flu vaccine either caused or significantly aggravated

Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 4 of 7
petitioner·s alleged injury or any other injuries, and denies that petitioner·s current disabilities
are the result 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 this Stipulation.
8. As soon as practicable after an entry ofj udgment 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)( I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $125,000.00, in the form of a check payable to petitioner. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 300aa-l 5(a).
9. As soon as practicable after the entry ofj udgment 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-2 I (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 this petition.
I 0. 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 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.
§ 1396 et seq.)). or by entities that provide health services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation. and any amounts
2

Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 5 of 7
awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance with 42 U.S.C.
§ 300aa-l 5(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, 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-I 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-I 5(g) and (h).
13. In 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, 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 timely brought in
the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42
U.S.C. § 300aa-l 0 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 from, the flu vaccine administered on October 16, 2013, as alleged by
petitioner in a petition for vaccine compensation filed on or about October 14, 2014, in the
United States Court of Federal Claims as petition No. l 4-980V.
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 conformity with the terms
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'
3

Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 6 of 7
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 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
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 received by petitioner either caused or
significantly aggravated petitioner's alleged injury, or caused any current alleged injury or
disability.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
4

Case 1:14-vv-00980-UNJ Document 32 Filed 07/17/15 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~
~.aA~
Black McLaren Jones Ryland & Griffee Deputy Di.rector
530 Oak Court Drive, Suite 360 Torls l3ranch
Memphis, TN 38117 Civil Division
(901) 762-0535 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETAR OF HEALTH RESPONDENT:
AND HUMA ER Cl S:
~
; M.D., M.P.H, FAAP DARRYL R. WISHARD
Director, Division of Injury Senior Trial Attorney
Compensation Programs (DlCP) Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health and U.S. Department of Justice
Human Services P.O. Box 146
5600 Fishers Lane Benjamin franklin Station
Parklawn Building, Mail Stop 11 C-26 Washington, DC 20044-0146
Rockville, MD 20857 (202) 616-4357
___£1
{I>
t
Dated:
5

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DOCUMENT 2: USCOURTS-cofc-1_14-vv-00980-1
Date issued/filed: 2015-07-17
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 06/18/2015) regarding 29 DECISION Fees Stipulation/Proffer ( Signed by Chief Special Master Denise Kathryn Vowell.)(mpj) Copy to parties.
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Case 1:14-vv-00980-UNJ Document 33 Filed 07/17/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 14-980V
Filed: June 18, 2015
Unpublished
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
STELLAMARIE LIVERANCE, *
*
Petitioner, *
v. *
* Attorney Fees and Costs; Stipulation
SECRETARY OF HEALTH AND * Special Processing Unit (“SPU”)
HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Michael McLaren, Black McLaren Jones Ryland & Griffee, Memphis, TN, for petitioner.
Darryl Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON ATTORNEY FEES AND COSTS1
Vowell, Chief Special Master:
On October 14, 2014, Stellamarie Liverance filed a petition for compensation
under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et
seq.,2 [the “Vaccine Act” or “Program”]. Petitioner alleged that she suffered a shoulder
injury as a result of the administration of an influenza vaccine on October 16, 2013. Pet
at 1. On May 4, 2015, I issued a decision awarding compensation to petitioner based
on the parties’ stipulation.
On June 18, 2015, the parties filed a Stipulation of Fact Concerning Attorneys’
Fees and Costs. According to the stipulation, the parties agree upon an award of
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I intend
to post this decision on the United States Court of Federal Claims' website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44
U.S.C. § 3501 note (2006)). In accordance with Vaccine Rule 18(b), petitioners have 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2006).

Case 1:14-vv-00980-UNJ Document 33 Filed 07/17/15 Page 2 of 2
$13,000.00. In accordance with General Order #9, petitioner’s counsel represents that
petitioner incurred no out-of-pocket expenses.
The Vaccine Act permits an award of reasonable attorneys’ fees and costs. 42
U.S.C. § 300 aa-15(e). I find the proposed amount to be reasonable.
Accordingly, I award the total of $13,000.003 as a lump sum in the form of a
check jointly payable to petitioner and petitioner’s counsel Black McLaren Jones
Ryland & Griffee, P.C.
The clerk of the court shall enter judgment in accordance herewith.4
IT IS SO ORDERED.
s/Denise K. Vowell
Denise K. Vowell
Chief Special Master
3 This amount is intended to cover all legal expenses incurred in this matter. This award encompasses all
charges by the attorney against a client, “advanced costs” as well as fees for legal services rendered.
Furthermore, 42 U.S.C. § 300aa-15(e)(3) prevents an attorney from charging or collecting fees (including
costs) that would be in addition to the amount awarded herein. See generally Beck v. Sec’y, HHS, 924
F.2d 1029 (Fed. Cir.1991).
4 Entry of judgment can be expedited by each party’s filing of a notice renouncing the right to seek review.
See Vaccine Rule 11(a).