VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_18-vv-01024 Package ID: USCOURTS-cofc-1_18-vv-01024 Petitioner: Christine Pappas Filed: 2020-02-19 Decided: 2020-03-25 Vaccine: influenza Vaccination date: 2017-10-05 Condition: SIRVA Outcome: compensated Award amount USD: 50000 AI-assisted case summary: Christine Pappas filed a petition for compensation under the National Vaccine Injury Compensation Program on July 16, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 5, 2017. The petition stated the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement for her condition. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused the alleged SIRVA or any other injury, and denied that petitioner's current disabilities were sequelae of a vaccine-related injury. The parties filed a joint stipulation on February 19, 2020, agreeing that the issues between them should be settled and that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Christine Pappas was awarded a lump sum of $50,000.00, payable to Petitioner, representing compensation for all items of damages available under the Vaccine Act. The decision was issued on March 25, 2020. Petitioner was represented by Phyllis Widman of Jacobs & Barbone. Respondent was represented by Lisa Ann Watts of the U.S. Department of Justice. Theory of causation field: Petitioner Christine Pappas alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury, caused by an influenza (flu) vaccine administered on October 5, 2017. Respondent denied the SIRVA Table injury, causation, and sequelae. The parties filed a joint stipulation agreeing to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. The stipulation awarded Petitioner a lump sum of $50,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not detail the specific mechanism of injury or name any experts. The decision date was March 25, 2020. Petitioner's counsel was Phyllis Widman, and Respondent's counsel was Lisa Ann Watts. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_18-vv-01024-0 Date issued/filed: 2020-03-25 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 02/19/2020) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:18-vv-01024-UNJ Document 45 Filed 03/25/20 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 18-1024V UNPUBLISHED CHRISTINE PAPPAS, Chief Special Master Corcoran Petitioner, Filed: February 19, 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) Phyllis Widman, Jacobs & Barbone, Atlantic City, NJ, for Petitioner. Lisa Ann Watts, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On July 16, 2018, Christine Pappas 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 SIRVA, after receiving the flu vaccine. Petition at 1; Stipulation, filed February 19, 2020, at ¶ 4. Petitioner further alleges that the vaccine was administered in the United States, that she suffered the residual effects of these injuries for more than six months, and that there has been no prior award or settlement of a civil action for damages on her behalf as a result of her condition. Petition at 1-2; Stipulation at ¶¶ 4-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine cause petitioner’s alleged SIRVA, or any other injury; and further denies that petitioner’s current disabilities are 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-01024-UNJ Document 45 Filed 03/25/20 Page 2 of 7 Nevertheless, on February 19, 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 $50,000.00 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-01024-UNJ Document 45 Filed 03/25/20 Page 3 of 7 IN THE UNITED STA TES COlJRT OF FEDERAL CLAIMS OFFICE OF SPf::ClAL JltlASTERS CHRISTrNE PAPPAS, Petitioner, V. No. 18-1024V Chief Special Master Corcoran SECRETARY OF HEALTH AND ECF-SPU HUMAN SERVICES, Respondent. STfP_l!LA TIO?-: The parties hereby stipulate to the following matters: I. Christine Pappas (''petitioner'') filed a petition for vaccine compensation under the " •' · " • " 1 • 1'on 1 - , : i > l I \'acc • i • n • e fn ... i .. n ... n,,y• r ...._,. o , t n l~ p en ~• s • a-ti 1\ " o.• l' J; Pr ~ 0 o=r-"••1'l 11. , J,'_) T '-, . ' • ' , ,r\ ,, 'r-;; • 1 00 t ' ( .' • l< \. > • -10 • f ~ o , . ' ) '1 , (• • ·lie "V , , : , 1 ~ 1 ... • . 1 .. · , 1 ·1 ,. 1 ._ ,, Program"). The petition seeks compensation for i1tjuries allegedly related to petitioner's receipt of the influenza (''flu'') vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § !00.3(a). 2. Petitioner received a flu vaccine in her left deltoid on October 5, ~O 17 3. The vaccine was administered within the United States. ("SIRVA"), a Table injury, which was caused by the flu ,·accinarion. Petitioner fwtber alleges that she suffered the residual effects of these injuries for more than six months. 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 condition. Case 1:18-vv-01024-UNJ Document 45 Filed 03/25/20 Page 4 of 7 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 further denies that petitioner's current disabilities are sequelae of a vaccine-related injury. 7. Maintaining their above-stated positions. the parties nevertheless now agree that the issues between them shall he settled a.nd 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 1Jdgmenr reflecting ,l d~cision consistent with the teffils of this Stipulation, and after petitioner has filed an election ro receive compensation pursuant to 112 U.S.C. § 300aa-2 l(a)(I ). the Secretary of Health and Human Services will issue the follov..,·ing \'accine compensation payment: A lump sum of $50.00Q,.00 in the form of :i check payable to petitioner. This amount 'represents compensation for all damages that would be available under 42 U .S.C. § 300aa-I S(a). 9. As soon as practicable after the enrry 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' foes and costs incun·ed in proceeding upon this petition. I 0. Petitioner and her attomey represent that they have idcmificd to respondent all known sources of payment for items or services for which the Program is not primarily li:-ible under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance policies, Federal or State health benefits programs (other th:m Title XIX of the Social Security Act (42 U.S.C.§ 1396 et seq.)). or entities that provide health -.ervices on a prepaid basis. 2 Case 1:18-vv-01024-UNJ Document 45 Filed 03/25/20 Page 5 of 7 t 1. Payment made pursuant to paragraph 8. and any amounts awarded pursuant to paragraph 9 of this Stipulation, will be made in accordance \Vith 42 V.S.C. § 300aa-! 5(i), subject to the availability of sufficient statutory funds. 12. The parties nnd their attorneys fu rthcr agree and stipulnte th<'.t, excc!pl for any award for attomeys' fees and litigation costs, and past unreimburscd expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a stricr construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject 10 the cone.lit ions of 42 U.S.C. § 300aa-l 5(g) and (h). I 3. In return for the payments described in paragraphs 8 and 9. petitioner. in her individual capacity. and on behalfof her heirs. executors. adminis!ra!ors, ~ucccsso:-s. and assigns 1 does forever irrevocably and unconditionally release, acquit and discharge the Cnited States and the Secretary of Health and Human Services froni 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 brough~, could have been brought, or could be timely brought in the United States Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 er seq., on ~ccount of, or in any way growing our of. any and all known or unknown. suspected or unsuspected per:-onal injuries to or death of petitioner resulting from. or alleged to have resulted from, the flu vaccine administered on October 5,2017, as alleged by petitioner in a petition for \accinc compensation fik.d on July 16. 20!8, in the United States Court ofFcd~ral Claims as petition No. 18-1024Y. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf ()f either or both of the parries. 3 Case 1:18-vv-01024-UNJ Document 45 Filed 03/25/20 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the terms of this Stipulation or if the Uni led States Cou11 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 parry. 16. This Stipulation expresses u full and complete negoti3ted settlement ofliabi lity and damages claimed under the National Childhood Vaccine Injury Act of l 986, as amended. except :s a;; othcnvise noted in paragraph 9 above. Thcr~ ::bsolutely no agreement on the part cf !he parties hereto to make any payment or do any act or thing other than is herein expressly sratcd 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 andior amotmt of damages. and further, that a change in the natth·c of ihe injt.i}' or c'°,ndition or ir. the items of compensation sought, is nor grounds to modify or revise this agreement. 17. Thi~ Stipulaiiun shall not be constrned 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 that her current disabilities arc ~cquelac of her alleged vac.:cin~-related 111JUI)'. ! 8. All rights and obligations of petitioner hereunder shall apply equally to petitioner· s heirs, executors, adminisu-ators, successors, an R£l'RESE7\TA TIVE OF A TTOR.1'EY OF RECORD FOR THE SECRETARY OF HEALT H A~1) RESPONDENT: HU~·lA~ SERVICES: d /ti/! ll dtMt ~e1~Je~ Lt!ft:y!/! fj _t!_~ TAMARA OVERBY Acting Director Se111or·Trial Attorney Division of Injury Compensation Programs Tons Branch Healthcar~ Systems Bureau Civil Division Health Resources and Services Administration U. S. Department of Justice U.S. Dcpartmcnf of Health anJ Human Scr\'ices P. 0. Bo:< 146 5600 fishers Lane Benjamin Franklin Station Parklawn 13uilcting, Stop 08N 146B \Vashingron, DC 20044-0 I4 6 20f Rockville. \1D 57 Tel: (202) 616-4099 _;z/ I7 /16 - - DATE: _ 5