VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-01872 Package ID: USCOURTS-cofc-1_19-vv-01872 Petitioner: Meridith Vaughan Filed: 2019-12-11 Decided: 2021-07-20 Vaccine: Hepatitis A Vaccination date: 2018-04-10 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 80007 AI-assisted case summary: Meridith Vaughan filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2019, alleging a shoulder injury related to vaccine administration (SIRVA) from a Hepatitis A vaccine received on April 10, 2018. The respondent denied that the petitioner sustained a Table SIRVA within the specified timeframe or that the vaccine caused or significantly aggravated the alleged shoulder injury. Despite these denials, the parties reached a joint stipulation for compensation. Chief Special Master Brian H. Corcoran approved the stipulation as reasonable and adopted it as his decision. The award included a lump sum payment of $7.03 to satisfy a State of Wisconsin Medicaid lien, payable jointly to the petitioner and Wisconsin Casualty Recovery, with the petitioner agreeing to endorse the payment to the State. Additionally, a lump sum of $80,000.00 was awarded, payable to the petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act for injuries allegedly related to the Hepatitis A vaccine. The decision noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs. The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury. Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice. Theory of causation field: Petitioner Meridith Vaughan received a Hepatitis A vaccine on April 10, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA) within the timeframe set forth in the Vaccine Injury Table. Respondent denied that the injury was a Table SIRVA or that the vaccine caused or significantly aggravated the condition. The parties reached a joint stipulation for compensation, agreeing to settle the issues. Chief Special Master Brian H. Corcoran approved the stipulation. The award included $7.03 for a Medicaid lien and $80,000.00 for all damages. The stipulation was not an admission of causation by the respondent. Attorneys for the petitioner were Amy A. Senerth and for the respondent was Ryan Daniel Pyles. The decision date was July 20, 2021. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_19-vv-01872-0 Date issued/filed: 2021-08-23 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 07/21/2021) regarding 27 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:19-vv-01872-UNJ Document 31 Filed 08/23/21 Page 1 of 7 CORRECTED In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 19-1872V UNPUBLISHED MERIDITH VAUGHAN, Chief Special Master Corcoran Petitioner, Filed: July 21, 2021 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Hepatitis A HUMAN SERVICES, (Hep A) Vaccine; Shoulder Injury Related to Vaccine Administration Respondent. (SIRVA) Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Ryan Daniel Pyles, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 11, 2019, Meridith Vaughan 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 a Hepatitis A (“Hep A”) vaccine that was administered on April 10, 2018. Petition at 1; Stipulation, filed on July 20, 2021 at ¶¶ 2, 4. Petitioner further alleges she received the vaccine in the United States, that she 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 1, 5; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a Table SIRVA within the timeframe set forth in the Table; and denies that the Hep A immunization caused or significantly aggravated petitioner’s alleged shoulder injury and/or any other 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012). Case 1:19-vv-01872-UNJ Document 31 Filed 08/23/21 Page 2 of 7 Nevertheless, on July 20, 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. A lump sum payment of $7.03, representing compensation for satisfaction of a State of Wisconsin Medicaid lien, payable jointly to Petitioner and Wisconsin Casualty Recovery 5615 High Point Drive Suite 100 Irving, TX 75038 Petitioner agrees to endorse this payment to the State; and b. A lump sum of $80,000.00 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-01872-UNJ Document 31 Filed 08/23/21 Page 3 of 7 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MERIDITH VAUGHAN, Petitioner, V. No. 19-1872V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Meridith Vaughan ("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 a Hepatitis A ("Hep A") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a). 2. Petitioner received a Hep A vaccine on or about April 10, 2018, in her left deltoid. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a left-sided shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table and that she 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 as a result of her condition. Case 1:19-vv-01872-UNJ Document 31 Filed 08/23/21 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 Hep A immunization caused or significantly aggravated 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 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-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum payment of $7.03, representing compensation for satisfaction of a State of Wisconsin Medicaid lien, payable jointly to petitioner and Wisconsin Casualty Recovery 5615 High Point Drive Suite 100 Irving, TX 75038. Petitioner agrees to endorse this payment to the State; and b. A lump sum of $80,000.00 in the form of a check payable to petitioner. This amount represents all remaining 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 Hep A vaccine. 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-21(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. 2 Case 1:19-vv-01872-UNJ Document 31 Filed 08/23/21 Page 5 of 7 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. 11. Payments 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 Hep A vaccination administered 3 Case 1:19-vv-01872-UNJ Document 31 Filed 08/23/21 Page 6 of 7 on or about April 10, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about December 11, 2019, in the United States Court of Federal Claims as petition No. 19- 1872V. 14. If petitioner should die prior to entry ofj udgment, 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. 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 Hep A 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 4 Case 1:19-vv-01872-UNJ Document 31 Filed 08/23/21 Page 7 of 7 l