VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01682
Package ID: USCOURTS-cofc-1_19-vv-01682
Petitioner: Kim Reed
Filed: 2022-03-02
Decided: 2022-04-05
Vaccine: influenza
Vaccination date: 2018-10-08
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 70000

AI-assisted case summary:
Kim Reed filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2022, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 8, 2018. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for her condition. Respondent denied that the flu vaccine caused her SIRVA or any other injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation, awarding Kim Reed a lump sum of $70,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation was a full and complete negotiated settlement of liability and damages, releasing the United States and the Secretary of Health and Human Services from all claims related to the alleged injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01682-0
Date issued/filed: 2022-04-05
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/02/2022) regarding 37 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1682V
UNPUBLISHED
KIM REED, Chief Special Master Corcoran
Petitioner, Filed: March 2, 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)
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 30, 2019, Kim Reed 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
October 8, 2018. Petition at1;Stipulation, filed March 1, 2022,at¶¶ 2-4.Petitioner further
alleges the vaccine was administered in the United States, she experienced residual
effects of the injury for more than six months, and 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 ¶¶ 37-39; Stipulation at ¶¶ 3-5. “Respondent denies that the flu vaccine caused
petitioner’s SIRVA, or any other injury; and denies that her current condition is a sequelae
of a vaccine-related injury.” 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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§300aa (2012).

Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 2 of 7
Nevertheless, on March 1, 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 mydecision 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 $70,000.00 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.
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Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
KIM REED, )
)
Petitioner, )
) No. 19-1682V
v. ) Chief Special Master Corcoran
)
SECRETARY OF HEALTH AND HUMAN )
SERVICES, )
)
______Re_sp_ond_en_t. _______)
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Petitioner, Kim Reed, 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 an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. § I 00.3 (a).
2. Petitioner received a flu vaccine in her right arm on October 8, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently developed a Shoulder Injury Related to
Vaccine Administration ("SIRVA"). She further alleges that she has experienced residual effects
of this 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.
6. Respondent denies that the flu vaccine caused petitioner's SIRVA, or any other
injury; and denies that her current condition is a sequelae of a vaccine-related injury.

Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 4 of 7
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 tenns 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 $70,000.00 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-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.
I 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 S(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.
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-15(i), subject
to the availability of sufficient statutory funds.
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Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 5 of 7
12. The parties and their attorneys further agree and stipulate that, except for any
award for attorneys' fees, and litigation costs, 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-l S(a) and (d), and subject to the conditions of 42 U .S.C. § 300aa-l S(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 a flu vaccine administered on October 8, 2018, as alleged
by petitioner in a petition for vaccine compensation filed on or about October 30, 2019, in the
United States Court of Federal Claims as petition No. 19-1682.
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 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.
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Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 6 of 7
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 petitioner sustained SIRVA; that the flu vaccine
caused petitioner's alleged injuries, or any other injury; or that her current condition is a sequelae
of a vaccine-related injury.
18. All rights and obligations of petitioner hereunder shall apply equally to
petitioner's heirs, executors, administrators, successors, and/or assigns.
END OF STJPULA TION
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Case 1:19-vv-01682-UNJ Document 41 Filed 04/05/22 Page 7 of 7
Respectfully submitted,
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~~ ?~
HEATI-IER L. PEARLMAN
JEFFREY S. POP & ASSOC IA TES Deputy Director
9150 Wilshire Blvd., Suite 241 Civil Division
Beverly Hills, CA 90212 U.S. Department of Justice
(310) 273-5462 P.O. Box 146
jpop@poplawyer.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
i ~
L-z~sJ.er
Digitally signed by George R.
George R. Grimes -S14 Grlmes-S14 ~~~t...P~
Date: 2022.02.1 o 13:50:29 -os·oo·
CDR GEORGE REED GRIMES, MD. MPH KATHERINE C. ESPOSITO
Director, Division of Injury Trial Attorney
Compensation Programs To1ts Branch
Health Systems Bureau Civil Division
Health Resources and Serv icl!s U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N 1468 (202) 305-3774
Rockville, MD 20857 katherine.csposito@.usdoj.gov
o:3/ot
Dated: }'U)l--"2..
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