VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01280
Package ID: USCOURTS-cofc-1_19-vv-01280
Petitioner: Stephanie Vickers
Filed: 2019-08-27
Decided: 2022-06-17
Vaccine: influenza
Vaccination date: 2018-11-07
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 98000

AI-assisted case summary:
Stephanie Vickers filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on November 7, 2018. She claimed the injury was a Table injury and that she experienced residual effects for more than six months. Respondent denied that the vaccine caused her alleged shoulder injury or that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision, awarding Stephanie Vickers a lump sum of $98,000.00. This amount represents compensation for all items of damages available under the Vaccine Act. The stipulation also addressed attorneys' fees and costs, and released the United States and the Secretary of Health and Human Services from further claims related to this injury. The case was resolved via stipulation, with the court approving the agreed-upon damages.

Theory of causation field:
Table

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_19-vv-01280-0
Date issued/filed: 2022-06-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 05/05/2022) regarding 46 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
--------------------------------------------------------------------------------
Case 1:19-vv-01280-UNJ Document 50 Filed 06/17/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1280V
UNPUBLISHED
STEPHANIE VICKERS, Chief Special Master Corcoran
Petitioner, Filed: May 5, 2022
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)
Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner.
Parisa Tabbassian, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 27, 2019, Stephanie Vickers 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”), a defined Table injury, after receiving the influenza vaccine on
November 7, 2018. Petition at 1, ¶¶ 1, 11; Stipulation, filed May 5, 2022, ¶¶ 1-2, 4.
Petitioner further alleges that she received the vaccine in the United States, that she
suffered the residual effects of her SIRVA for more than six months, and that neither she
nor any other party has filed a civil case or received compensation for her SIRVA injury.
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-01280-UNJ Document 50 Filed 06/17/22 Page 2 of 7
Petition at ¶¶ 1, 11-12; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged
shoulder injury or any other injury; and denies that [P]etitioner’s current condition is a
sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on May 5, 2022, 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 $98,000.00 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 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-01280-UNJ Document 50 Filed 06/17/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STEPHANlE VlCKERS )
)
Petitioner, ) No. 19-l 280V
) Chief Special Master Corcoran
V. )
)
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
________________
Respondent. )
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner. Stephanie Vickers, 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 the lnfluenza ("flu·') vaccine, which vaccine is contained in the Vaccine Injury Table
(the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the vaccine on or about November 7, 2018 in her left arm.
3. The vaccine was administered within the United States.
4. The petition alleges a claim of a shoulder injury related to vaccine administration
("SIRVA'') within the time period set forth in the Table, or in the alternative, that the alleged
shoulder injury was caused by the vaccine. The petitioner further alleges that petitioner
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 arising out of the alleged vaccine injury.

Case 1:19-vv-01280-UNJ Document 50 Filed 06/17/22 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
petitioner's current condition is a sequela 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 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)(l), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of$98,000.00 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-l 5(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 any
proceeding upon this petition.
10. Petitioner and petitioner's 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-01280-UNJ Document 50 Filed 06/17/22 Page 5 of 7
and represent that they have identified to respondent all known sources of payment for items or
services for which the Program is not primarily liable under 42 U.S.C. § 300aa-l 5(g).
l l. 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-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 unreimbursable 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-1 S(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, 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 United States Court of Federal Claims,
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-I0 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 vaccination as alleged by petitioner in a petition for vaccine compensation
filed on or about August 27, 2019 in the United States Court of Federal Claims as petition No.
l 9-l280V.
3

Case 1:19-vv-01280-UNJ Document 50 Filed 06/17/22 Page 6 of 7
14. lf 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.
15. lf the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the United States 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 vaccine caused petitioner's alleged injury or
any other injury or petitioner's 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
4

Case 1:19-vv-01280-UNJ Document 50 Filed 06/17/22 Page 7 of 7
Respectfully submitted,
PEffllONER:
A'ITORNEY OF RECORD FOil AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~~
HEATHER L. PEARLMAN
Law Offices ofL eah V. Durant, PLLC Deputy Director
1717 K Street NW, Suite 900 Torts Branch, Civil Division
Washington. DC 20006 U.S. Department of Justice
202-775-9200 P.O.Box 146
1durant(@.durimt11c.com Bei1jam.in Franklin Station
W~hington, DC 20044-0146
AUTHORIZED RE.PBESENTATIVE ATIORNEY OF RECORD FOR
OF THE SECRETARY OF:e:EALTB RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
D(gitaRySlgnedbyGeorgeR.
Grlmts-S14
-S 14 ·
~l:CIU.cJ4..190ltS2:.43--04-w
CDR GEORGE REED GRIMES, MD, MPH PCIIU.. ........ TABASSIAN
£1
Director, Division of Injury ·a1Atromey
Compensation Progmms orts Branch, Civil Division
Healthcare Systems Bureau U.S. Department of Justice
Health Resources and Services P.O.Boxl46
Administration Beltjamin Franklin Station
U.S. Depattment ofH ealth and Washington,, DC 20044-0146
Human Senrices 202-305-4035
5600 Fishers Lane, 08-N146B parisa.tabassian@usdoj.gov
RockvilJe, MD 20857
t;" ,t:;; ( 'J&
Dated:
I
5