VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00563
Package ID: USCOURTS-cofc-1_19-vv-00563
Petitioner: Alma Howze
Filed: 2021-02-04
Decided: 2021-03-10
Vaccine: Tdap
Vaccination date: 2018-03-09
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 30000

AI-assisted case summary:
Alma Howze filed a petition for compensation under the National Vaccine Injury Compensation Program on February 4, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a Tdap vaccine received on March 9, 2018. She stated the vaccine was administered in the United States, she experienced residual effects for over six months, and had no prior award or settlement for her condition. Respondent denied that Ms. Howze sustained a Table SIRVA or that the Tdap vaccine caused her injury. Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Howze a lump sum of $30,000.00 for all items of damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages. The decision was entered on March 10, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00563-0
Date issued/filed: 2021-03-10
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 2/04/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (jas) Service on parties made.
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Case 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-563V
UNPUBLISHED
ALMA HOWZE, Chief Special Master Corcoran
Petitioner, Filed: February 4, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
petitioner.
Catherine Elizabeth Stolar, U.S. Department of Justice, Washington, DC, for
respondent.
DECISION ON JOINT STIPULATION1
On April 16, 2019, Alma Howze 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 alleged that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine administered on March 9, 2018. Petition at 1; Stipulation, filed on February 2,
2021, at ¶¶ 1-2, 4. Petitioner further alleged that the vaccine was administered within the
United States; that she experienced the residual effects of her alleged injury 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 ¶¶ 3-5.
“Respondent denies that petitioner sustained a Table SIRVA and denies that the Tdap
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 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 Page 2 of 7
vaccine caused petitioner to suffer a right shoulder injury or any other injury.” Stipulation
at ¶ 6.
Nevertheless, on February 2, 2021, 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 $30,000.00 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 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 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.
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Case 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
ALMA HOWZE, )
)
Petitioner, )
) No. 19-563V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALT H AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
I. Alma Howze, 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 a tetanus,
diphtheria, and acellular pertussis ("Tdap") vaccine, which is a vaccine contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the Tdap vaccine on March 9, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from a right shoulder injury related to vaccination
administration ("SIRVA'') as a result of receiving the Tdap vaccine, and suffered the residual
effects of her 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 her behalf as a result of her condition.
6. Respondent denies that petitioner sustained a Table SIRVA and denies that the Tdap

Case 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 Page 4 of 7
vaccine caused petitioner to suffer a right shoulder injury or any other 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-21(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $30,000.00 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).
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-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 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-15(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.
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Case 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 Page 5 of 7
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 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-15(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
individua I 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-10 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 Tdap vaccination administered on March 9, 2018, as
alleged by petitioner in a petition for vaccine compensation filed on or about April 16, 2019, in
the United States Court of Federal Claims as petition No. I 9-563V.
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.
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Case 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 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 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 Tdap vaccine caused petitioner to have pain in
her right shoulder and limited range of motion, or any other injury or her current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00563-UNJ Document 29 Filed 03/10/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED 1'EPRESENTATIVE
OF TJ:IE ATTORNEY GENERAL:
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HEATHER L. PEARLMAN
Counsel for Petitioner Acting Deputy Director
Law Offices of Leah v_ Durant, PLLC Torts Bt'anch, Civil Division
1717 K StreetN.W U.S. Department of Justice
Suite 900 :e.o, Box 146
•.c.
Washington, 20006 Benjamin Fnmklin Station
Washington, DC 20044~0146
AUTHORIZED REPRESENTATIVE ATTORNEYOFRECORDFOR
eF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
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TAMARA OVERBY CATHERINE E. STOLAR
Acting Director, Division of Injury T1·ial Attorney
Compensation Programs Torts Brauch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
U.S. Department of Health P.O. 1'ox 146
and Human Services Benjamin. Franklin Station
5600 Fishers Lane Washington, DC 20044-0146
Parldawn. Building, Mail Stop 08Nl46l3
Rockville, MD 20857
Dated: oz,,/oz./z I
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