VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01759
Package ID: USCOURTS-cofc-1_19-vv-01759
Petitioner: Esther Rubinson
Filed: 2019-11-14
Decided: 2021-10-27
Vaccine: influenza
Vaccination date: 2018-01-23
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Esther Rubinson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2019, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 23, 2018. She further alleged that her injuries lasted for more than six months. The respondent denied that the petitioner sustained a Table SIRVA within the timeframe set forth in the Table, and denied that the flu immunization caused her alleged shoulder injury and/or any other injury. Despite these denials, the parties filed a joint stipulation on September 21, 2021, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as his decision. The court awarded Esther Rubinson a lump sum of $65,000.00, payable to her, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was finalized on October 27, 2021. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Wei Kit Tai of the U.S. Department of Justice.

Theory of causation field:
Esther Rubinson received an influenza (flu) vaccine on January 23, 2018, in her right deltoid. She alleged a right-sided shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her injury, with residual effects lasting more than six months. The respondent denied a Table SIRVA and denied that the flu immunization caused the alleged shoulder injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $65,000.00 to the petitioner as compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued on October 27, 2021. Petitioner was represented by Bridget Candace McCullough, and respondent was represented by Wei Kit Tai. The stipulation stated that it was a compromise of liability and damages and not an admission by the respondent that the vaccine caused the injury.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-01759-0
Date issued/filed: 2021-10-27
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/22/2021) regarding 29 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-01759-UNJ Document 33 Filed 10/27/21 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-1759V
UNPUBLISHED
ESTHER RUBINSON, Chief Special Master Corcoran
Petitioner, Filed: September 22, 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)
Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Wei Kit Tai, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On November 14, 2019, Esther Rubinson 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 being administered an influenza (“flu”)
vaccine to her right shoulder on January 23, 2018. Petition at Preamble; Stipulation, filed
at September 21, 2021, ¶¶ 2, 4. Petitioner further alleges that her injuries lasted for more
than six months. Petition at 4; Stipulation at ¶ 4. Respondent denies that “petitioner
sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the
flu immunization caused petitioner’s alleged shoulder injury and/or any other injury.”
Stipulation at ¶ 6.
Nevertheless, on September 21, 2021, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
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-01759-UNJ Document 33 Filed 10/27/21 Page 2 of 7
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 $65,000.00, 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-01759-UNJ Document 33 Filed 10/27/21 Page 3 of 7
THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ESTHER RUBINSON,
Petitioner,
V. No. 19-1759V
Chief Special Master Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Esther Rubinson ("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, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a flu vaccine on January 23, 2018, in her right deltoid.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a right-sided shoulder injury related to vaccine
administration ("SIRVA") within the time period set forth in the Table, or in the alternative, that
her alleged shoulder injury was caused by the vaccine. She further alleges that she experienced
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 as a result of her condition.

Case 1:19-vv-01759-UNJ Document 33 Filed 10/27/21 Page 4 of 7
6. Respondent denies that petitioner sustained a Table SIRVA within the timeframe set
forth in the Table; and denies that the flu immunization caused petitioner's alleged shoulder
injury and/or any other 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 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 $65,000.00 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) for injuries allegedly related to petitioner's receipt of the flu vaccine.
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 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-15(g), including 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 entities that provide health services on a pre-paid basis.

Case 1:19-vv-01759-UNJ Document 33 Filed 10/27/21 Page 5 of 7
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.
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-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 and/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, the flu vaccination administered on or
about January 23, 2018, as alleged by petitioner in a petition for vaccine compensation filed on
November 14, 2019, in the United States Court of Federal Claims as petition No. 19-1759V.
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.

Case 1:19-vv-01759-UNJ Document 33 Filed 10/27/21 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 vaccine caused petitioner's alleged shoulder
injury and/or any other injury.
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-01759-UNJ Document 33 Filed 10/27/21 Page 7 of 7
Respectfully submitted,
PETITIONER:
HERRUBINSON
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
P TITIONER: OF THE ATTORNEY GENERAL:
~~\1.2~~
HEATHER L. PEARLMAN
Deputy Director
715 Twining Road Torts Branch
Suite 208 Civil Division
Dresher. PA 19025 U.S. Department of Justice
/215) 885-1655 P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFHEALTH RESPONDENT:
AND HUMAN SERVICES:
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TAMARA OVERBY WEI KIT (RICKY) TAI
Acting Director, Division of Injury Trial Attorney
Compensation Programs (DICP) Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services 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 146B (202) 616-9847
Rockville, MD 20857 Wei.Tai@usdoj.gov
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Dated: