VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00501 Package ID: USCOURTS-cofc-1_20-vv-00501 Petitioner: Pamella Bell Filed: 2020-04-24 Decided: 2022-05-10 Vaccine: influenza Vaccination date: 2018-10-07 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 46602 AI-assisted case summary: Pamella Bell, an adult, received an influenza vaccine on October 7, 2018. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a consequence of this vaccine and that the residual effects of this injury lasted for more than six months. The flu vaccine is listed on the Vaccine Injury Table. Respondent denied that Petitioner suffered the onset of her alleged SIRVA within the Table timeframe, denied that the flu vaccine caused her injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation as its decision. Ms. Bell was awarded a total of $46,602.58, consisting of $45,000.00 as a lump sum payment and $1,602.58 to reimburse a Medicaid lien. This compensation covers all items of damages available under the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to both liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-00501-0 Date issued/filed: 2022-06-21 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/10/2022) regarding 41 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-00501-UNJ Document 45 Filed 06/21/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-501V UNPUBLISHED PAMELLA BELL, Chief Special Master Corcoran Petitioner, v. Filed: May 10, 2022 SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint HUMAN SERVICES, Stipulation on Damages; Influenza (Flu); Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA). Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On April 24, 2020, Pamella Bell filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.2 (the “Vaccine Act”). On or about October 7, 2018, Petitioner received an influenza (“flu”) vaccine, which vaccine is listed on the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a). Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”) as a consequence of the flu vaccine, and further alleges that she suffered the residual effects of this injury for more than six months. Respondent denies that Petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused Petitioner’s alleged shoulder 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-00501-UNJ Document 45 Filed 06/21/22 Page 2 of 7 injury or any other injury; and denies that her current disabilities are a sequela of a vaccine-related injury. Nevertheless, on May 10, 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 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 of $45,000.00 in the form of a check payable to Petitioner; and b) A lump sum of $1,602.58,3 representing reimbursement of a Medicaid lien for services rendered to Petitioner by the State of Florida, through Wellcare, in the form of a check payable jointly to Petitioner and Equian: Equian Event Number: 50055768 PO Box 182643 Columbus, OH 43218 Petitioner agrees to endorse this check to Equian. These amounts represent compensation for all items of damages that would be available under Section 15(a). Stipulation at ¶ 8. 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.4 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Florida may have against any individual as a result of any Medicaid payments the Florida Program has made to or on behalf of Pamella Bell as a result of her alleged vaccine-related injury suffered on or about October 7, 2018, under Title IX of the Social Security Act, see Vaccine Act sections 15(g), (h). 4 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-00501-UNJ Document 45 Filed 06/21/22 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PAMELLA BELL, Petitioner, No. 20-501V Chief Special Master Corcoran V. SPU SECRETARY OF HEALT H AND HUMAN SERVICES, Res ondent. STIPULATION The parties hereby stipulate to the following matters: 1. Petitioner, Pamella Bell, filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S. C. § 3 00aa-10 to 34 (the "Vaccine Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt of the influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.FR § 100.3 (a). 2. Petitioner received a flu vaccine on or about October 7, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she suffered a Shoulder Injury Related to Vaccine Administration ("SIRVA") as a consequence of the flu immunization she received on or about October 7, 2018, and further alleges that she suffered the 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. Page 1 of 5 Case 1:20-vv-00501-UNJ Document 45 Filed 06/21/22 Page 4 of 7 6. Respondent denies that petitioner suffered the onset of her alleged SIRVA within the Table timeframe; denies that the flu vaccine caused petitioner's alleged shoulder injury or any other injury and further denies that her current disabilities are a sequelaof a vaccine-relatedinjw:y. 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-21 (a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payments: a. A lump sum of $45,000.00 in the form of a check payable to petitioner; and b. A lump sum of $1,602.58, 1 representing reimbursement of a Medicaid lien for services rendered to petitioner by the State of Florida, through Wellcare, in the form of a check payable jointly to petitioner and Equian: Equian Event Number: 50055768 PO Box 182643 Columbus, OH 43218 Petitioner agrees to endorse this check to Equian. 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 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of Florida may have against any individual as a result of any Medicaid payments the Florida Program has made to or on behalf of Pamella Bell as a result of her alleged vaccine-related injury suffered on or about October 7, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). Page 2 of 5 Case 1:20-vv-00501-UNJ Document 45 Filed 06/21/22 Page 5 of 7 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 prepaid basis. 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts 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. The parties and their attorneys further agree and stipulate that, except for any awanl for attorney's fees and litigation costs, the money provided pursuantto 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 subjectto 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 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 United States Court of Federal Claims, underthe National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., on account of, orin anyway growing out of, any and all known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting from, or Page 3 of 5 Case 1:20-vv-00501-UNJ Document 45 Filed 06/21/22 Page 6 of 7 alleged to have resulted from, the flu vaccination administered on or about October 7, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about April 24, 2020 in the United States Court of Federal Claims as petition No. 20-501V. 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 tenns of this Stipulation or if the United States 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 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 shoukler injury or any other injury or any of her current disabilities. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION Page 4 of 5 Case 1:20-vv-00501-UNJ Document 45 Filed 06/21/22 Page 7 of 7 Respectfully submitted, ��w PAMELLA BELL AUTHORIZED REPRESENTATIVE OF THE ATTORNEY GENERAL: �¢?lk�(?� HEATHER L. PEARLMAN Deputy Director Torts Branch Civil Division U. S. Department of Justice P. 0. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 AUTHORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: \ D191t1lly llglllld by Gaorga R. -s George R. Grimes 14�r�es-s1• : Oitl:203:Z.05,0215154114-