VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01068
Package ID: USCOURTS-cofc-1_19-vv-01068
Petitioner: Courtney Peavey
Filed: 2019-08-31
Decided: 2021-10-06
Vaccine: influenza
Vaccination date: 2018-09-14
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 40000

AI-assisted case summary:
Courtney Peavey filed a petition for vaccine compensation on August 31, 2019, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 14, 2018. She stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and she had not received any prior award or settlement for this injury. Respondent denied that Ms. Peavey sustained a SIRVA Table injury or that the vaccine caused her condition. Despite these positions, the parties filed a joint stipulation on August 31, 2021, agreeing to settle the case. The court adopted the stipulation as its decision, awarding Ms. Peavey $40,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also addressed future proceedings for attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01068-0
Date issued/filed: 2021-10-06
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/31/2021) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1068V
UNPUBLISHED
COURTNEY PEAVEY, Chief Special Master Corcoran
Petitioner, Filed: August 31, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Shoulder Injury
Related to Vaccine Administration
Respondent. (SIRVA)
Sean Franks Greenwood, Greenwood Law Firm, Houston, TX, for Petitioner.
Lynn Christina Schlie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On July 24, 2019, Courtney Peavey 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 right shoulder injury related to
vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on
September 14, 2018. Petition at 1; Stipulation, filed August 31, 2021, at ¶¶ 2-4. Petitioner
further alleges that the vaccine was administered in the United States, she experienced
the residual effects of her injury for more than six months, and there has been no prior
award or settlement of a civil action for damages arising out of the alleged vaccine injury.
Petition at ¶¶ 4, 21-22; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained
a SIRVA Table injury following the flu vaccination, and further denies that the vaccine
caused petitioner to suffer a shoulder injury or any other injury or petitioner’s current
condition.” 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 2 of 7
Nevertheless, on August 31, 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 $40,000.00 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.
2

Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 3 of 7
IN THE UNITED ST AT ES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
COURTNEY PEAVEY,
Petitioner, No. 19-1 068V
) Chief Special Master Corcoran
v. )
)
SECRETARY Of- HEALTH AND )
HUMAN SERVICES. )
)
Respondenl. )
_ ____
)
STIPULATION
Tht: parties hereby stipulate to the following matters:
I. Petitioner. Courtn~y Peavey, tiled 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 petitioncr·s
receipt of the intlue11za ("nu") vaccine. which vaccine is contained in lhe Vaccine Injury Table
(the ·'Table"). 42 C.r.R. § 100.3 (a).
2. Petitioner received the nu vaccine on September 14. 2018.
3. The vaccine was administered within the United Slates.
4. The petition alleges that petitioner sustained a Shoulder Injury Related to Vaccine
Administration (SIR VA) as a result of receiving the flu vaccine. and that p!.!litiom:r experienced
the residual effects of this injury for more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil
action for damages arising out of the alleged vaccine injury.
6. Respondent denies that petitioner sustained a SIR VA Table injury following the Ou
. I.

Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 4 of 7
vaccination, and further denies that the vaccine caused petitioner to suffer a shoulder injury or
any other injury or petitioner" s current condition.
7. Maintaining their above-stated positions. the parties nevertheless now agree that the
issues between them shall be settled and that a de..:ision 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 tkcision consistent
with the terms of this Stipulation. and after pditiont:r has fikd an t:lection to receive
compensation pmsuant lo 42 U.S.C. § 3OOaa-21(a)(I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of $40,000.00 in the form of a check payable to pctitio1ler. This
amount represents compensation for all damages that would be available under 42
U.S.C. § 3O0aa-I 5(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. § JOOaa-21 (a)( I), and an application, the parties will submit to further proceedings
before the special master to award reasonable attorneys' fees and costs incurred in any
proceeding up0n this petition.
I 0. Petitioner and petitioner"s attornt:y 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. § 3OOaa-l 5(g). to the extent that payment has been made or
can reasonably be expected to be made un<for 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,
and represent that they have idcntitied to respondent all known sources of payment for items or
-2-

Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 5 of 7
services for which the Program is not primarily liable under42 U.S.C. § 300aa-lS(g).
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-I S(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' tees and litigation costs, and past unrcimht1rsablt: 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 S(a) and (d). and subject to the
conditions of 42 U.S.C. § 300aa-I5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9. petitioner, in
petitioner's individual capacity. and on behalf of petitioner's heirs. executors. administrators.
successors or assigns, docs forever irrevocably and unconditionally release. acquit and
discharge the United States and the Secretary of I lea Ith and I luman Services from any and all
actions or causes of action (including agreements. judgmrnts. claims. damages. loss of
services. expenses and all tkmands of whatever kind or nature) that have been brought. 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. § J00aa-I0 ct 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 vaccination as alleged by petitioner in a petition for vaccine compensation
filed on or about September 14. 2018, in the United States Court or Federal Claims as petition
No. 19-1068V.
14. Ir petitioner should dic prior to entry ofj udgment, this agreement shall be
-3-

Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 6 of 7
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 United States Court of f ederal Claims Jails 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 c.ompromise of the parties· respective positions as to
I iability and/or amount or damages, and f'urther. 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 caused petitioner's alleged injury or
any other injury or petitioner's cmrcnt 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
.4.

Case 1:19-vv-01068-UNJ Document 39 Filed 10/06/21 Page 7 of 7
Respectfully subm ittcd.
AUTHORIZED REPRESENTATIVE
OF THE ATTORNEY GENERAL:
r ~
~.._ _,____½ :_ -
Sean Greenwoo HEATHER L. PEARLMAN
Attorney for Petitioner Deputy Director
The Greenwood Law f-irm PLLC' Torts 8ranch
1415 North Loop West. Suite I I 00 Civil Division
Houston, Texas 770088 U.S. Department of Justice
Tel: 832-356-1588 P.O. Box 146
Email: sean@gwoodlaw.com 13enjamin Franklin Station
Washington. DC 20044-0146
AUTHORIZED REPRESENTATrVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
o& ~ / .D0Z)C,,I tff7::_
TAMARA OVERBY LYNN C. SCHUE
Acting Director. Division of Injury Trial Attorney
Compensation Programs Torts 13ranch
Healthcare System Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Adm in istrat ion P.O. Box 146
U.S. Department of Health 13cnjamin Franklin Station
and Human Services Washington. DC 20044-0146
5600 rishcrs Lane, 08N 1468 Tel: 202-616-3667
Rockville, MD 20857 Email: Lynn.Schlie@usdoj.gov
oKl:s J.urz.,J
Dated:
-5-