VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01733 Package ID: USCOURTS-cofc-1_19-vv-01733 Petitioner: Trina Garcia Filed: 2019-11-07 Decided: 2021-10-08 Vaccine: Tdap Vaccination date: 2017-09-12 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 40000 AI-assisted case summary: Trina Garcia filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from influenza (flu) and Tetanus Diphtheria acellular Pertussis (Tdap) vaccines received on September 12, 2017. She stated the vaccines were administered in the United States, she experienced residual effects for over six months, and had no prior civil action settlement. Respondent denied that the vaccines caused her injury or that it constituted a SIRVA Table Injury. Despite these positions, the parties filed a joint stipulation on August 31, 2021, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Trina Garcia a lump sum of $40,000.00 for all items of damages. This award represents a negotiated settlement of liability and damages, and the parties released the United States from further claims related to these vaccinations. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01733-0 Date issued/filed: 2021-10-08 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 09/02/2021) regarding 25 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01733-UNJ Document 33 Filed 10/08/21 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1733V UNPUBLISHED TRINA GARCIA, Chief Special Master Corcoran Petitioner, Filed: September 2, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) Vaccine; Influenza (Flu) Vaccine; Respondent. Shoulder Injury Related to Vaccine Administration (SIRVA) John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner. Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On November 7, 2019, Trina Garcia 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”) as a result of influenza (“flu”) and Tetanus Diphtheria acellular Pertussis (“Tdap”) vaccines that were administered on September 12, 2017. Petition at 1; Stipulation, filed at August 31, 2021, at ¶¶ 2, 4. Petitioner further alleges that she received the vaccine in the United States, that she has experienced the residual effects of her injury for more than six months, and that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. Petition at 6; Stipulation at ¶¶ 3-5. “Respondent denies that the flu and/or Tdap vaccines caused petitioner to suffer a left shoulder injury or any other injury, and denies that petitioner sustained a SIRVA Table 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. 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-01733-UNJ Document 33 Filed 10/08/21 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-01733-UNJ Document 33 Filed 10/08/21 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) TRINA GARCIA, ) No. 19-1733V ) Petitioner, ) Chief Special Master Brian H. Corcoran ) ECF v. ) ) SECRETARY OF HEALTH AND ) HUMAN SERVICES, ) ) Respondent. ) STIPULATION The parties hereby stipulate to the following matters: I. Trina Garcia, 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 an influenza (''flu") vaccine and tetanus-diphtheria-acellular-pertussis ("Tdap") vaccine, which are vaccines contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received the flu and Tdap vaccines on September 12, 2017. 3. The vaccinations were administered within the United States. 4. Petitioner alleges that she suffered from a left shoulder injury related to vaccination administration ("SIRVA") as a result of receiving the flu and Tdap vaccines, and suffered the residual effects of this alleged 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 and/or Tdap vaccines caused petitioner to suffer a left Case 1:19-vv-01733-UNJ Document 33 Filed 10/08/21 Page 4 of 7 shoulder injury or any other injury, and denies that petitioner sustained a SIRVA Table 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 of judgment reflecting a decision consistent with the terms of this Stipulation, and after petitioner has ftled 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 $40,000.00 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 ftled 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 chief 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 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-01733-UNJ Document 33 Filed 10/08/21 Page 5 of 7 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(0, 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 individua I 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 Heahh 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-l 0 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 resuhing from, or alleged to have resuhed from, the flu and/or Tdap vaccinations administered on September 12, 2017, as alleged by petitioner in a petition for vaccine compensation ftled on or about November 7, 2019, in the United States Court of Federal Claims as petition No. 19-1733V. 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-01733-UNJ Document 33 Filed 10/08/21 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 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 flu and/or Tdap vaccines caused petitioner to have a left shoulder injury, or any other injury or her 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 I I I I I I I I I I 4 Case 1:19-vv-01733-UNJ Document 33 Filed 10/08/21 Page 7 of 7 Respectfully submitted, PETITIONER: G -J1 ~ J Li]; W') l TRINA GARCIA AITORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: Jhcl¼-h.Ll\~eoJ..Alv--.-.._ J~ HEATHER L. PEARLMAN Cowisel for Petitioner Deputy Director HOWIE LAW, P.C. Torts Branch, Civil Division 2608 Hibernia St. U.S. Department of Justice Dallas, Texas 75204 P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE A ITORNEY OF RECORD FOR OF THE SECRETARY OF HEALTH RESPONDENT: AND HUMAN SERVICES: ~LP~ tf6~ l:)J4, ~ I z:;,Vcs'c,I ~f;';H_~L()~ TAMARA OVERBY KYLE E. POZZA Acting Director, Division of Injury Trial Attorney Compensation Programs Torts Branch, Civil Divsion Heahhcare Systems Bureau U.S. Depanment of Justice Heahh Resources and Services P.O. Box 146 Admini.tration Benjamin Franklin Station U.S. Department of Health Washington, DC 20044-0146 and Human Services Tel: (202) 616-3661 5600 FEhers Lane, 08Nl46B Kyle.Pozza@usdoj.gov Rockville, MD 20857 Dated: Q