VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01493
Package ID: USCOURTS-cofc-1_19-vv-01493
Petitioner: Yalawa Johnson
Filed: 2021-12-08
Decided: 2022-01-10
Vaccine: influenza
Vaccination date: 2018-02-09
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60000

AI-assisted case summary:
Yalawa Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2021, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on February 9, 2018. Petitioner contended that her injury met the definition of a Table SIRVA and that she experienced residual effects for more than six months. Respondent denied that the flu vaccine caused her alleged injury or any other condition. Despite these denials, the parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. The stipulation awarded Yalawa Johnson a lump sum of $60,000.00 as compensation for all damages available under the program. This award represents a negotiated settlement of liability and damages claimed under the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Mark Kim Hellie of the U.S. Department of Justice. The decision was issued on January 10, 2022.

Theory of causation field:
Petitioner Yalawa Johnson alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on February 9, 2018. The petition alleged the injury met the definition of a Table SIRVA and resulted in residual effects for more than six months. Respondent denied that the flu vaccine caused the alleged injury or any other condition. The parties reached a joint stipulation for settlement, and Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The stipulation awarded Petitioner a lump sum of $60,000.00 for all damages. The stipulation explicitly stated that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged left shoulder injury or any other injury or her current condition. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Mark Kim Hellie. The decision date was January 10, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01493-0
Date issued/filed: 2022-01-10
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/08/2021) regarding 43 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1493V
UNPUBLISHED
YALAWA JOHNSON, Chief Special Master Corcoran
Petitioner, Filed: December 8, 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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On September 27, 2019, Yalawa Johnson 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 left shoulder injury related to vaccine
administration (“SIRVA”), which meets the definition of a Table SIRVA, after receiving the
influenza vaccine on February 9, 2018. Petition at 1, ¶ 2; Stipulation filed Dec. 8, 2021,
at ¶¶ 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 action or received compensation for her
SIRVA. Petition at ¶¶ 21-23; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained the onset of a SIRVA Table injury within the Table timeframe and further denies
that the flu vaccine caused [P]etitioner’s alleged left shoulder injury, any other injury, or
her 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-01493-UNJ Document 47 Filed 01/10/22 Page 2 of 8
Nevertheless, on December 8, 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 filing of notice
renouncing the right to seek review.
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Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 3 of 8
.lht tbe W:niteb ~tates QCourt of jfe beral QCiaitns
OFFICE OF SPECIAL MASTERS
YALAWA JOHNSON,
Petitioner,
Case No. 19-1493V (ECF)
V. CHIEF SPECIAL MASTER
CORCORAN
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
l. Yalawa Johnson, 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 the influenza ("flu") vaccine, which is a vaccine contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received the flu vaccine on February 9, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a left shoulder injury related to vaccine
administration ("SlRV A") within the Table time period after receiving the flu vaccine,
and alleges that she experienced the residual effects of this injury for more than six
·months.

Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 4 of 8
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 alleged injuries.
6. Respondent denies that petitioner sustained the onset of a SIRVA Table
injury within the Table timeframe and further denies that the flu vaccine caused
petitioner's alleged left shoulder injury, any other injury, or her current condition.
7. Maintaining their above-stated positions, the parties neve1theless 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$60,000.00 in the fom1 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 in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to
42 U .S.C. § 300aa-2 l (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.
l 0. 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
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Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 5 of 8
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.
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-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-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 in-evocably 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
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Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 6 of 8
.resulted from, the flu vaccination administered on February 9, 2018, as alleged by
petitioner in a petition for vaccine compensation filed on or about September 27, 2019, in
the United States Court of Federal Claims as petition No. l 9-1.493 V.
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.
15. If the special master fails to issue a decision in complete confonnity 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 ret1ect 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 constrned as an admission by the United States
or the Secretary of Health and Human Services that the flu vaccine caused petitioner's
alleged left shoulder injury or any other injury or her current condition.
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Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 7 of 8
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
5

Case 1:19-vv-01493-UNJ Document 47 Filed 01/10/22 Page 8 of 8
Respectfully submitted,
EY OF RECORD FOR · AUTHORIED REPRESENT AT IYE
R: OF THE ATTORNEY GENERAL:
, "Y\- <~ r t:-! t"-A.J\ \t... ~ e ~ ___
HEATHER L. PEARLMAN
Counsel for Petitioner Deputy Director
Conway Homer, P.C. Torts Branch, Civil Division
16 Shawmut Street U.S. Department of Justice
Boston, MA 02116 P.O. Box 146
_RHomer@ccandh.com Benjamin Franklin Station
(617) 695-1990 Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE AT TONEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
}{. c:.Ak )< \~Q__t-0
z;;&,. z;;_#'Sc.-, A/J~ t f'L, ~ '\-~v > t-{~'--tA l ~ e ,_J_J/v
~ I ----
TAMARA OVERBY MARK K. HELLIE
Acting Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and P.O. Box 146
Services Administration Benjamin Franklin Station
U.S. Department of Health and Washington, DC 20044-0146
Human Services mark.hellie@usdoj.gov
5600 Fishers Lane, 08Nl46B (202) 616-4208
Rockville, MD 20857
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