VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01213
Package ID: USCOURTS-cofc-1_19-vv-01213
Petitioner: Marcia Hagen
Filed: 2019-08-15
Decided: 2021-05-11
Vaccine: pneumococcal conjugate
Vaccination date: 2016-12-05
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 100000

AI-assisted case summary:
Marcia Hagen filed a petition for compensation under the National Vaccine Injury Compensation Program on August 15, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a pneumococcal conjugate vaccine administered on December 5, 2016. Petitioner alleged the vaccine was administered in the United States, that she sustained a SIRVA within the Table timeframe, experienced residual effects for more than six months, and had no prior award or settlement. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Nevertheless, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Marcia Hagen a lump sum of $100,000.00 as compensation for all items of damages. The case was settled as a Table claim for SIRVA. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice.

Theory of causation field:
Petitioner Marcia Hagen alleged a shoulder injury related to vaccine administration (SIRVA) from a pneumococcal conjugate vaccine administered on December 5, 2016. The petition alleged the injury occurred within the Table timeframe, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $100,000.00 for all damages. The case was settled as a Table claim for SIRVA. Petitioner was represented by John Robert Howie, and respondent was represented by Mollie Danielle Gorney.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01213-0
Date issued/filed: 2021-05-11
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/08/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01213-UNJ Document 40 Filed 05/11/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1213V
UNPUBLISHED
MARCIA HAGEN, Chief Special Master Corcoran
Petitioner, Filed: April 8, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages;
HUMAN SERVICES, Pneumococcal Conjugate Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Mollie Danielle Gorney, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On August 15, 2019, Marcia Hagen 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”) caused by a pneumococcal conjugate vaccine administered on
December 5, 2016. Petition at 1; Stipulation, filed at April 6, 2021, ¶¶ 1, 2. Petitioner
further alleges that the vaccine was administered within the United States, that she
sustained a SIRVA within the timeframe set forth in the Table or, in the alternative, that
her alleged injury was caused by the vaccine, that she experienced the residual effects
of her condition 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 11-12; Stipulation at ¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA
Table injury; denies that the vaccine caused Petitioner’s alleged shoulder injury, or any
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-01213-UNJ Document 40 Filed 05/11/21 Page 2 of 7
other injury; and denies that her current condition is a sequelae of a vaccine-related injury.
Stipulation at ¶ 6.
Nevertheless, on April 6, 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 $100,000 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-01213-UNJ Document 40 Filed 05/11/21 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
MARCIA HAGEN, )
)
Petitioner, )
) No. 19-1213V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Marcia Hagen, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injw-y 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 an
pneumococcal conjugate ("PCV-13") vaccine, which is a vaccine contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the PCV-13 vaccine on December 5, 2016.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injw-y related to vaccine administration
("SIRVA") within the time period set forth in the Table, or in the alternative, that her alleged
shoulder injw-y was caused by the vaccine. She further alleges that she experienced the residual
effects of this condition 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 resuh of her condition.

Case 1:19-vv-01213-UNJ Document 40 Filed 05/11/21 Page 4 of 7
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 descnbed 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 fded 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 $100,000.00 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-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-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 heahh benefits programs (other than Title XIX of the Social Security Act(42 U.S.C.
§ 1396 et seq.)), or by entities that provide heahh services on a pre-paid basis.
2

Case 1:19-vv-01213-UNJ Document 40 Filed 05/11/21 Page 5 of 7
11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded
pursuant to paragraph 9 ofthis 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 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 descnbed 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-IO 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 PCV-13 vaccination administered on December 5,
2016, as alleged by petitioner in a petition for vaccine compensation filed on or about August 15,
2019, in the United States Court of Federal Claims as petition No. 19-1213V.
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.
3

Case 1:19-vv-01213-UNJ Document 40 Filed 05/11/21 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 descnbed 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 Heahh and Human Services that the PCV-13 vaccine caused petitioner to have a left
shoulder injury, or any other injury or her CWTent 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-01213-UNJ Document 40 Filed 05/11/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
& ~ r -
CIAHAGEN
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~ ~\ J._(?~
HOWIE, JR. HEATHER L. PEARLMAN
Co el for Petitioner Acting Deputy Director
HOWIE LAW, P .C. Torts Branch, Civil Division
2608 Hibernia Street U.S. Department of Justice
Dallas, Texas 75204 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
~~L9~
(!Af)Tz:;~ DfVSc.-, ~~
~ I
TAMARA OVERBY MOLLIE D. GORNEY
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Heahhcare Systems Bureau U.S. Department of Justice
Heahh Resources and Services Administration P.O. Box 146
U.S. Department of Heahh Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 146B (202) 616-4029
Rockville, MD 20857 mollie.d.gorney@usdoj.gov
/00/-z~ \
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Dated:
5