VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00772 Package ID: USCOURTS-cofc-1_19-vv-00772 Petitioner: Chelsea Delvecchio Filed: 2021-04-22 Decided: 2021-05-24 Vaccine: influenza Vaccination date: 2018-10-04 Condition: Parsonage-Turner Syndrome Outcome: compensated Award amount USD: 60000 AI-assisted case summary: Chelsea Delvecchio filed a petition for compensation under the National Vaccine Injury Compensation Program on April 22, 2021, alleging she suffered Parsonage-Turner Syndrome as a result of an influenza vaccine administered on October 4, 2018. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Delvecchio's condition. Despite this denial, the parties reached a joint stipulation to settle the case. The stipulation stated that the flu vaccine is on the Vaccine Injury Table. The court adopted the stipulation as its decision, awarding Ms. Delvecchio a lump sum of $60,000.00. This amount is intended to compensate for all damages available under the Vaccine Act. The parties agreed that this stipulation represents a full and complete settlement of liability and damages, except for potential future awards of attorneys' fees and costs. The decision was issued on May 24, 2021. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-00772-0 Date issued/filed: 2021-05-24 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 04/22/2021) regarding 39 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-0722V UNPUBLISHED CHELSEA DELVECCHIO, Chief Special Master Corcoran Petitioner, Filed: April 22, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Influenza HUMAN SERVICES, (Flu) Vaccine; Parsonage-Turner Syndrome Respondent. Andrew Donald Downing, Van Cott & Talamante, PLLC, Phoenix, AZ, for Petitioner. Althea Walker Davis, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On May 23, 2019, Chelsea Delvecchio 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 Parsonage-Turner Syndrome as a result of an influenza (u flu" ) vaccine that was administered to her on October 4, 2018. Petition at 1; Stipulation, filed on April 21, 2021, at ¶¶ 2, 4. Petitioner further alleges she received the vaccine in the United States, that she experienced 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 for damages as a result of her alleged condition. Petition at 5; Stipulation at ¶¶3-5. "Respondent denies that [P]etitioner suffered Parsonage-Turner Syndrome as the result of her flu vaccination, and further denies that [P]etitoner s alleged shoulder injury or any other injury or condition, was caused by her receipt of the flu vaccine. " 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. 2National 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 subpara graph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 Page 2 of 7 Nevertheless, on April 21, 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 $60,000.00 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 filin g of notice renouncing the right to seek review. 2 Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS CHELSEA DELV ECCHIO, ) ) Petitioner, ) No. 19-772V ) Chief Special Master V. ) Brian H. Corcoran ) SPU SECRETARY OF HEALTH ) AND HUMAN SERVICES, ) ) ______________ Respondent. ) ) STIPULATION The parties hereby stipulate to the following matters: 1. Chelsea Delvecchio, petitioner, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 et seq. (the "Vaccine Program"). The petition seeks compensation for injuries 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. § 100.3(a). 2. Petitioner received a flu vaccination on October 4, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered Parsonage-Turner Syndrome as the result of her flu vaccination, and further alleges that she suffered the residual effects of this aHeged 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. Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 Page 4 of 7 6. Respondent denies that petitioner suffered Parsonage-Turner Syndrome as the result of her flu vaccination, and further denies that petitioner's alleged shoulder injury or any other injury or condition, was caused by her receipt of the flu vaccine. 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-2l(a)( I), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of $60,000.00 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 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-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 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. 2 Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 Page 5 of 7 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-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-I 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(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 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 flu vaccination administered on or around October 4, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about May 23, 2019, in the United States Court of Federal Claims as petition No. l 9-772V. 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. 3 Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 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 confonnity 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 to develop Parsonage-Turner Syndrome or any other injury or 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 I I I I I 4 Case 1:19-vv-00772-UNJ Document 43 Filed 05/24/21 Page 7 of 7 Respectfully :submitted, PET11'lON~R: ATTORNEY OF RECORD Ii.OR AUTHOR[ZED REPRESENTATIVE PETITIONER: OF TUE AT TORNEV GENERAL: ---4:½-~\J-P~ A.t\---. A DREW 0. l Jl:AC I IER I,. PEARLMAN Van Con & Talamante, l LC Acting l>epuly Dirc:ctor 3030 N. Third Street! Suite 790 TonsBrru1ch Phoeniz, Al. 35012 Civil 1Jivisioo (602) 257-9160 t:. S. Oef'l ~~ C!A/Jrz:;a.l.L Z,,VSc-1 tfi, N.e~-- h LYR-1-l'L_ ~ I TAMARA OVERBY AL THEA \V ALKER DAV lS Acting Director. Division of Injury Senior Trial Counsel Compensation Programs ( DlCP) Tons Branch I leallhcare Systems Bureau Civil Division Health Resources and Services U.S. Department ofJ ustice Administration P.O. Aox 146 U.S. Department of Health 81:ajumin Franklin Station Md Human Scr\'ices Washington. DC 20044-0146 5600 Fishers l .ane, 08N 146B (20'.2) 616-05 l 5 Roek\'ille, MO 20857 Aithen.l)avisrrjusdoj.gov OY j'2-J /1..07., I Doted: 5