VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00506
Package ID: USCOURTS-cofc-1_20-vv-00506
Petitioner: Sarah Malone
Filed: 2020-04-27
Decided: 2022-08-31
Vaccine: influenza
Vaccination date: 2018-09-13
Condition: cellulitis
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Sarah Malone filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered cellulitis as a result of an influenza vaccine received on September 13, 2018. She stated that she experienced residual effects of the injury for more than six months and that no prior award or settlement had been made for her condition. Respondent denied that the flu vaccine caused her cellulitis or any other injury. Despite this denial, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Sarah Malone a lump sum of $35,000.00. This amount is intended to compensate for all damages available under the Vaccine Act. The stipulation also noted that the parties would submit to further proceedings for attorneys' fees and costs. The case proceeded as a Table claim, indicating the injury was presumed to be vaccine-related under the Vaccine Injury Table. The settlement represents a compromise of the parties' positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00506-0
Date issued/filed: 2022-08-31
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 08/01/2022) regarding 34 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (ke) Service on parties made.
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Case 1:20-vv-00506-UNJ Document 38 Filed 08/31/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0506V
UNPUBLISHED
SARAH MALONE, Chief Special Master Corcoran
Petitioner, Filed: August 1, 2022
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Influenza
HUMAN SERVICES, (Flu) Vaccine; Cellulitis
Respondent.
Leigh Finfer, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Christine Mary Becer, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 27, 2020, Sarah Malone 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 cellulitis resulting from an influenza
(“flu”) vaccine received on September 13, 2018. Petition at 1; Stipulation, filed August 1,
2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was received in the United States,
sheexperienced the residual effects of her injury for more than six months, and there has
been no prior award or settlement of a civil action for damages on her behalf as a result
of her condition. Petition at ¶¶ 2, 18-19; Stipulation at ¶¶ 3-5. “Respondent denies that
the flu vaccine caused petitioner to suffer from cellulitis or any other injury or her current
condition.” 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.
2National 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-00506-UNJ Document 38 Filed 08/31/22 Page 2 of 7
Nevertheless, on August 1, 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 mydecision 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 $35,000.00 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 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-00506-UNJ Document 38 Filed 08/31/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
SARAH MALONE, )
)
Petitioner, )
) No. 20-506V
V. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEAL TH AND HUMAN )
SERVICES, )
)
______Re_spo_nde_nt. _______)
)
STIPULATION
The parties hereby stipulate to the following matters:
I. Sarah Malone, petitioner, tiled 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
inCTuenza (''flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I 00.3(a).
2. Petitioner received a flu vaccine, allegedly in her left arm, on September 13, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she suffered from cellulitis as a result of her nu vaccine and
further alleges that she experienced the residual effects of her 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 vaccine caused petitioner to suffer from cellulitis or any
other injury or her current condition.

Case 1:20-vv-00506-UNJ Document 38 Filed 08/31/22 Page 4 of 7
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-2 l(a)(l ), the Secretary of Health and Human Services will issue a
lump sum of $35,000.00 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-I 5(a).
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-2 I (a)( I), 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 compensation lo 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-I 5(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.
I I. Payment made pmsuant 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-
l 5(i), subject to the availability of sufficient statutory funds.
2

Case 1:20-vv-00506-UNJ Document 38 Filed 08/31/22 Page 5 of 7
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-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-I 5(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 or assigns,
docs forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of l lealth and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
or 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-IO 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 September 13, 2018,
as alleged by petitioner in a petition for vaccine compensation filed on or about April 27, 2020,
in the United States Court of l'ederal Claims as petition No. 20-506Y.
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.
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.
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Case 1:20-vv-00506-UNJ Document 38 Filed 08/31/22 Page 6 of 7
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury /\ct 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 ret7ect 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 nu vaccine caused petitioner's alleged cellulitis
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 1:20-vv-00506-UNJ Document 38 Filed 08/31/22 Page 7 of 7
Respectfully submitted,
c i z a l ~
SARAH MALONE
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
,MJ ~w~
HEATHER L. PEARLMAN
Muller Brazil Deputy Director
715 Twining Road, Suite 208 Torts Branch
Dresher, PA 19025 Civil Division
Tel: (215) 885-1655 U.S. Department of Justice
leigh@mullcrbrazil.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0 146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
George R. Digitally signed by George
R, Grimes ·S14
Grimes-514 Date: 2022.07.21 17:19:42
-04'00'
CDR GEORGE REED GRTMES. MD, MPH CHRISTINE M. BECER
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch. Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Depat1ment of Health Washington, DC 20044-0146
and Human Services Tel: (202) 6 l 6-3665
5600 Fishers Lane, 08N 146B christine. m .bccer@usdoj.gov
Rockville, MD 20857
f{/1 /?2:
Dated:
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