VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00380
Package ID: USCOURTS-cofc-1_16-vv-00380
Petitioner: Marlene Cimons
Filed: 2016-09-12
Decided: 2016-11-07
Vaccine: pneumococcal conjugate vaccine
Vaccination date: 2014-12-18
Condition: left shoulder injuries
Outcome: compensated
Award amount USD: 91721

AI-assisted case summary:
Marlene Cimons filed a petition for compensation under the National Vaccine Injury Compensation Program on March 24, 2016, alleging she suffered left shoulder injuries as a result of a pneumococcal conjugate vaccine received on December 18, 2014. She further alleged that she experienced residual effects of this injury for more than six months. The respondent denied that the vaccine caused or significantly aggravated her alleged injury or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these denials, on September 12, 2016, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Marlene Cimons a lump sum of $91,721.28, payable to her, as compensation for all items of damages available under the Vaccine Act. The decision was issued on November 7, 2016. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Darryl R. Wishard of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marlene Cimons received a pneumococcal conjugate vaccine on December 18, 2014, and alleged she suffered a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement, and Chief Special Master Nora Beth Dorsey adopted the stipulation. Petitioner was awarded $91,721.28 as compensation for all damages. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the Vaccine Injury Table (SIRVA). The decision date was November 7, 2016. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Darryl R. Wishard.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00380-0
Date issued/filed: 2016-11-07
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/12/2016) regarding 18 DECISION Stipulation/Proffer (Signed by Chief Special Master Nora Beth Dorsey.)(mpj) Copy to parties.
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Case 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-0380V
Filed: September 12, 2016
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARLENE CIMONS, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Pneumococcal Conjugate Vaccine;
* Left Shoulder Injuries; Special
SECRETARY OF HEALTH * Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for petitioner.
Darryl R. Wishard, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On March 24, 2016, Marlene Cimons (“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”). Petitioner alleges that she suffered left
shoulder injuries as a result of a pneumococcal conjugate vaccine she received on
December 18, 2014. Petition at 1-2; Stipulation, filed September 12, 2016, at ¶ 4.
Petitioner further alleges that she experienced the residual effects of this injury for more
than six months. Petition at 3; Stipulation at ¶ 4. “Respondent denies that the vaccine
either caused or significantly aggravated petitioner’s alleged injury or any other injury,
and denies that petitioner’s current disabilities are the result of a vaccine-related injury. ”
Stipulation at ¶ 6.
Nevertheless, on September 12, 2016, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. The
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). 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, the undersigned agrees that the identified material fits
within this definition, the undersigned 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 (2012).

Case 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 2 of 7
undersigned finds the stipulation reasonable and adopts it as the decision of the Court
in awarding damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $91,721.28, in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
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/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARLENE CIMONS, )
)
Petitioner, ) No. I 6-380V ECF
)
v. ) Chief Special Master Dorsey
)
SECRETARY OF HEALTH )
AND HUMAN SERVICES, )
)
Responjent. )
~~~~~~~~~~~~~~ )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Marlene Cimons, 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 pneumococcal conjugate vaccine ("vaccine"), which is contained in the Vaccine Injury
Table (the "Table"), 42 C.F.R. § I00.3(a).
2. On December 18, 2014, petitioner received the vaccine.
3. The vaccine was administered within the United States.
4. Petitioner alleges that, as a result of receiving the vaccine, she suffered from a
shoulder injury related to vaccine administration ("SIRVA"), and that she experienced symptoms
of this 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 injury.
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Case 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 4 of 7
6. Respondent denies that the vaccine either caused or significantly aggravated
petitioner's alleged injury or any other injury, 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 of judgment reflecting a decision consistent
with the te1ms of this Stipulation, and after petitioner has filed an election to receive
compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( l ), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $91, 721.28, 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 of judgment 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. Section 300aa-2 l (a)( I), and an application, the parties will submit to fu11her
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 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.
2

Case 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 5 of 7
§ 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
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 pa11ies and their attorneys fu11her 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-l 5(a) and (d), and subject to 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 behalf of her heirs, executors, administrators, successors or assigns,
does forever iITevocably 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-I 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 vaccine administered on December 18, 2014, as alleged by
petitioner in a petition for vaccine compensation filed on or about March 24, 2016, in the United
States Court of Federal Claims as petition No. I 6-380V.
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 pa11ies.
15. If the special master fails to issue a decision in complete confonnity with the te1ms
3
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Case 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 6 of 7
of this Stipulation or ifthe 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 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
pa1ties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties fu1ther 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 vaccine received by petitioner either caused or
significantly aggravated petitioner's alleged injury or any other injury.
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 1:16-vv-00380-UNJ Document 27 Filed 11/07/16 Page 7 of 7
Respectfully submitted,
PETITIONER:
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MARLENE CIMONS
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER:
OF THE ATTORNEY GENERAL:
~
-
PAULR. BRAZIL
NEE. REEVES
Muller Brazil LLP Acting Deputy Director
71 S Twining Road, Suite I0 7 Torts Branch
Dresher, PA 19025 Civil Division
(215) 885-1655 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRE OF HEALTH RESPONDENT:
AND HU R\11 ES:
~
AIR, M.D '
Acting Director, Division of Injury Senior Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08N146B Washington, DC 20044-0146
Rockville, MD 20857 Tel: (202) 616-4357
Ir -i-/
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Dated: J
5
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