VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00452
Package ID: USCOURTS-cofc-1_20-vv-00452
Petitioner: Diane Hildebrandt
Filed: 2020-04-17
Decided: 2023-02-21
Vaccine: influenza
Vaccination date: 2018-10-17
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 15000

AI-assisted case summary:
Diane Hildebrandt filed a petition alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 17, 2018. She alleged the injury met the Table definition and that she suffered residual effects for more than six months. Ms. Hildebrandt passed away on May 15, 2020, and her daughter, Rae Ellen Young, was appointed administrator of her estate and substituted as the petitioner. Respondent denied that Ms. Hildebrandt sustained a SIRVA Table injury, that the flu vaccine caused her injury or death, or that her death was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation as its decision, awarding $15,000.00 to the estate as compensation for all damages. The stipulation also noted that the parties would submit to further proceedings for attorneys' fees and costs.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00452-0
Date issued/filed: 2023-02-21
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 01/19/2023) regarding 45 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0452V
UNPUBLISHED
RAE ELLEN YOUNG, as administrator Chief Special Master Corcoran
for ESTATE OF DIANE
HILDEBRANDT, Filed: January 19, 2023
Petitioner, Special Processing Unit (SPU); Joint
v. Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
SECRETARY OF HEALTH AND Related to Vaccine Administration
HUMAN SERVICES, (SIRVA)
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Ronalda Elnetta Kosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 17, 2020, Diane Hildebrandt 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 alleged that she suffered a left shoulder injury related to vaccine
administration (“SIRVA”), which meets the Table definition, after receiving the influenza
(“flu”) vaccine on October 17, 2018. Petition at 1, ¶ 2; Stipulation, filed at Jan. 19, 2023,
¶¶ 1-2, 4. Petitioner further alleged she received the vaccine within the United States, that
she suffered the residual effects of her alleged SIRVA injury for more than six months,
and that neither she nor any other individual has filed a civil action or received
compensation for her injury. Petition at ¶¶ 2, 10-11; Stipulation at ¶¶ 3-5.
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 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 2 of 8
After Ms. Hildebrandt passed away on May 15, 2020, her daughter Rae Ellen
Young was appointed administrator of her estate. Motion to Amend Caption, filed July 1,
2021, ECF No. 24. Ms. Young was substituted as Petitioner in this case. ECF No. 25.
“Respondent denies that Ms. Hildebrandt sustained a SIRVA Table injury; denies that the
flu vaccine caused Ms. Hildebrandt’s alleged shoulder injury, or any other injury; and
denies that her death is a sequela of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on January 19, 2023, 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 $15,000.00 in the form of a check payable to Petitioner as
legal representative of the estate of Ms. Hildebrandt. 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.
2

Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
RAE ELLEN YOUNG, administrator of )
the Estate of DIANE HILDEBRANDT, )
)
Petitioner, )
) No. 20-452V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Rae Ellen Young ("petitioner"), as administrator of the estate of the deceased, Diane
Hildebrandt, ft.Jed a petition for vaccine compensation under the National Vaccine Injury
Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine Program").1 The petition
seeks compensation for an injury allegedly related to Ms. Hildebrandt's receipt of the influenza
("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. §
I00.3(a).
2. Ms. Hildebrandt received the flu vaccine on October 17, 2018.
3. The vaccine was administered in the United States.
4. Petitioner alleges that as a result of receiving the flu vaccine, Ms. Hildebrandt
suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA') within the Table
1 Initially, the petition was filed by Diane Hildebrandt. However, on July 1, 2021, petitioner
moved to amend the caption noting that Rae Ellen Young, Ms. Hildebrandt' s daughter, was
appointed as administrator of Ms. Hildebrandt's estate and the motion was granted the same day.
ECF No. 24, 25.

Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 4 of 8
timeframe. She further alleges that she suffered the residual effects of her alleged injury for
more than six months.
S. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on behalf of Ms. Hildebrandt as a result of her alleged vaccine injury.
6. Respondent denies that Ms. Hildebrandt sustained a SIRVA Table injury; denies that
the flu vaccine caused Ms. Hildebrandt's alleged shoulder injury, or any other injury; and
denies that her death is a sequela of a vaccine-related 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 oft his 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 payment:
A lump sum of $15,000.00, in the form of a check payable to petitioner as legal
representative of the estate of Ms. Hildebrandt, which represents compensation for
all damages that would be availableunder42 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 pW"suant to
42 U.S.C. § 300aa-2l(a)(l) and an application, the parties will submitto 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 they have identified to rc~ondent all known
sources of payment for items or services for which the Program is not primarily liable under 42
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Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 5 of 8
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 heaJth services on a pre-paid basis.
11. Payment made pursuant to paragraph 8 of this Stipulation, and any amount awarded
pursuant to paragraph 9. will be made in accordance with 42 U.S.C. § 300aa-15(i), subject to the
availability of sufficient statutory funds.
12. Petitioner represents that petitioner presently is, or within 90 days of the date of
judgment will become, duly authorized to serve as the legal representative of Ms. Hildebrandt's
estate under the laws of the Commonwealth of Virginia. No payments pursuant to this
Stipulation shall be made until petitioner provides the Secretary with documentation establishing
petitioner's appointment as legal representative of Ms. Hildebrandt's estate. If petitioner is not
authorized by a court of competent jurisdiction to serve as legal representative of Ms.
Hildebrandt's estate at the time a payment pursuant to this Stipulation is to be made, any such
payment shall be paid to the party or parties appointed by a court ofc ompetent jurisdiction to
serve as legal representative ofMs. Hildebrandt's estate upon submission of written
documentation of such appointment to the Secretary.
13. In return for the payment described in paragraph 8, and any amollllt awarded
pursuant to paragraph 9, petitioner, in her individual capacity, as administrator of the estate of
Diane Hildebrandt, on her own behalf, and on behalf of the estate and Ms. Hildebrandt' s 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
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Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 6 of 8
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 Oe t seq.,
on account of, or in any way growing out of, any and aJJ known or unknown, suspected or
unsuspected personal injuries to or death of Ms. Hildebrandt resulting from, or alleged to have
resulted from the flu vaccine administered on October 17, 2018, as alleged in a Petition filed on
April 17, 2020, in the United States Court of Federal Claims as petition No. 20-452V.
14. If the special master fails to issue a decision in complete confonnity with the terms
of this Stipulation or if the United States Court ofF ederal 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.
15. 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 absoJuteJy no agreement on the part of the
parties hereto to make any payment or 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 oft he parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature oft he injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
16. 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 Ms. Hildebrandt's alleged
shoulder injury, any other injury, or her death.
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Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 7 of 8
l 7. All rights and obligations of petitioner in her capacity as administrator of the estate of
Diane Hildebrandt hereW1der shall apply equally to petitioner's heirs, executors, administrators,
successors, and/or assigns.
END OF STIPULATION
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Case 1:20-vv-00452-UNJ Document 49 Filed 02/21/23 Page 8 of 8
PETITIONER:
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RAE ELLEN YOUNG
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
L I A. FINFER, HEATHER L. PEARLMAN"
MULLER BRAZIL Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Telephone: (215) 885-1655 U.S. Department of Justice
Fax: {215) 885-1644 P.O. Box 146
Email: leighl@myvaccinelawyer.com Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Grimes
OigitallysignedbyGeorgeR.
Grlmes-S14
-$ 14
Date: 2023.01.04 17:22:37 -0S'00'
CDR GEORGE REED GRIMES, M.D., MPH RONALDA E. KOSH
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health 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. 08N1468 ro nalda. kosh@usdoj.gov
Rockville, MD 2085 7 {202) 616-44 76
4,/ dD~
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Dated: l /