VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-00297 Package ID: USCOURTS-cofc-1_18-vv-00297 Petitioner: Cheryll Golden Filed: 2018-02-27 Decided: 2020-04-24 Vaccine: influenza Vaccination date: 2016-11-07 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 92000 AI-assisted case summary: Cheryll Golden filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on November 7, 2016. Petitioner alleged the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months, with no prior award or settlement for this injury. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials and differing positions, the parties filed a joint stipulation on March 23, 2020, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Cheryll Golden was awarded a lump sum of $92,000.00, payable by check to the petitioner. This amount is intended to cover all items of damages available under the Vaccine Act. The stipulation also addressed future proceedings for reasonable attorneys' fees and costs. The petitioner, on behalf of herself and her heirs, irrevocably released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the November 7, 2016, flu vaccination. The decision was made by Chief Special Master Brian H. Corcoran. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. Theory of causation field: Petitioner Cheryll Golden received an influenza vaccine on November 7, 2016. She alleged a shoulder injury related to vaccine administration (SIRVA) and that the injury was a Table injury or caused by the vaccine, with residual effects lasting over six months. Respondent denied a SIRVA Table injury, causation, and sequelae. The parties reached a joint stipulation to settle the case. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The case was resolved via stipulation, with Chief Special Master Brian H. Corcoran awarding $92,000.00 as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Shealene Priscilla Mancuso (Muller Brazil, LLP), and respondent was represented by Jennifer Leigh Reynaud (U.S. Department of Justice). The decision date was April 24, 2020, based on a stipulation filed March 23, 2020. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-00297-0 Date issued/filed: 2020-04-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/23/2020) regarding 45 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-00297V UNPUBLISHED CHERYLL GOLDEN, Chief Special Master Corcoran Petitioner, Filed: March 23, 2020 v. SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu) Vaccine; Shoulder Injury Respondent. Related to Vaccine Administration (SIRVA) Shealene Priscilla Mancuso, Muller Brazil, LLP, Dresher, PA, for petitioner. Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent. DECISION ON JOINT STIPULATION1 On February 27, 2018, Cheryll Golden 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”) vaccination administered on November 7, 2016. Petition at 1; Stipulation, filed March 23, 2020, at ¶¶ 2, 4. Petitioner further alleges that the vaccine was administered in the United States, that she suffered the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action on her behalf as a result of her injury. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae of a vaccine-related injury.” Stipulation at ¶ 6. 1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required 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). This means the decision will be available to anyone with access to the internet. 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 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 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 2 of 7 Nevertheless, on March 23, 2020, 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 $92,000.00 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 § 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 the 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 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 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHERYLL GOLDEN, Petitioner, No. 18-297V Chief Special Master Corcoran v. ECF SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Cheryll Golden ("petitioner"), filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 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. § I 00.3(a) 2. Petitioner received a flu vaccine on November 7, 2016. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged shoulder injury was caused by the vaccine. She further alleges that she experienced the residual effects of this condition for more than six months. Case 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 4 of 7 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 alleged injury. 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her current condition is a sequelae 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 terms 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$92,000.00 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 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. § 300aa-2l(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 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 2 Case 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 5 of 7 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 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 attorney's fees and litigation costs, and past unreimbursable 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-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l 5(g) and (h). 13. [n 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 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 vaccination administered on November 7, 2016, as alleged in a petition for vaccine compensation filed on or about February 27, 2018, in the United 3 Case 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 6 of 7 States Court of Federal Claims as petition No. l 8-297V. 14. If petitioner should die prior to entry ofj udgment, 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' 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 caused petitioner'.s alleged injury or any other injury or her current disabilities, 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 4 Case 1:18-vv-00297-UNJ Document 51 Filed 04/24/20 Page 7 of 7 l"UI~ I~ :>UN I\V I\C:>UI\ I uo;::,o;"o u:>-u~ ~ ~ W:!k TAMARA OVERBY JENNIFERL.REYNAUD JqV\v:,+.- L 12.e/"°~ Acting Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Healthcare Systems Bureau Civil Division U.S. Department of Health and U. S. Department of Justice Humans Services P.O. Box 146 5600 Fishers Lane Benjamin Franklin Station Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146 Rockville, MD 20857 (202) 30S-1586 31-" '3 / i Dated: __+_ - __ ___._ _0_7.,_ , 0 s