VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00535
Package ID: USCOURTS-cofc-1_20-vv-00535
Petitioner: Daisy Parrish
Filed: 2020-04-30
Decided: 2022-05-23
Vaccine: influenza
Vaccination date: 2018-11-08
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Daisy Parrish filed a petition for vaccine compensation on April 30, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 8, 2018. Petitioner alleged the vaccine was administered in the United States, her injuries lasted more than six months, and no prior action had been brought for these injuries. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on April 12, 2022, agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision of the court. The decision awarded Daisy Parrish a lump sum of $65,000.00 as compensation for all damages, representing a compromise of the parties' positions on liability and damages. The stipulation also addressed future proceedings for attorney's fees and costs. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and Respondent was represented by James Vincent Lopez of the U.S. Department of Justice.

Theory of causation field:
Petitioner Daisy Parrish received an influenza vaccine on November 8, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied a SIRVA Table injury, causation, or sequela. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $65,000.00 in lump sum compensation for all damages. The stipulation noted that the award may reflect a compromise of parties' positions on liability and damages. Petitioner was represented by Jessica Olins, and Respondent by James Vincent Lopez. The decision date was May 23, 2022.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00535-0
Date issued/filed: 2022-05-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 04/13/2022) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00535-UNJ Document 34 Filed 05/23/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-535V
UNPUBLISHED
DAISY PARRISH, Chief Special Master Corcoran
Petitioner, Filed: April 13, 2022
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)
Jessica Olins, Maglio Christopher & Toale, PA, Washington, DC, for Petitioner.
James Vincent Lopez, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On April 30, 2020, Daisy Parrish 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) resulting from the adverse effects of an influenza (flu) vaccination
she received on November 8, 2018. Petition at 1, 4; Stipulation, filed at April 12, 2022,
¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United
States, her vaccine-related injuries have lasted more than six months, and neither
Petitioner, nor any other party, has ever brought an action for Petitioner’s vaccine-related
injuries. Petition at 1, 4-5; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a SIRVA Table injury; denies that the vaccine caused [P]etitioner’s alleged
shoulder injury; and denies that her current condition is a sequela of a vaccine-related
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 section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00535-UNJ Document 34 Filed 05/23/22 Page 2 of 7
Nevertheless, on April 12, 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 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 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

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Case 1:20-vv-00535-UNJ Document 34 Filed 05/23/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTRRS
DAISY PARRISH.
Petitioner. No. 20-535V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEAL TH AND
HUMAN SERVICES,
Respondent.
STlPULATJON
The parties hereby stipulate to the following matters:
I. Daisy Parrish ("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 the influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Table"), 42
C.F.R. ~ 100.3(a)
2. Petitioner received the flu vaccine on November 8, 2018 in her right arm.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a 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 vaccination. She further alleges that she experienced the
residual effects of this condition 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 alleged injury.

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Case 1:20-vv-00535-UNJ Document 34 Filed 05/23/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a scqucla of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be sdtlecl and that a decision should be entered awarding the
or
compensation described in paragraph 8 this Stipulation.
8. /\s soon as practicable a Iler an entry of judgment reflecting a decision consistent with
or
the terms this Stipulation, and after petitioner has filed an election to receive compensation
or
pursuant to 42 U.S.C. ~ 300aa-2 l(a)(I ). the Secretary I Icalth and Human Servit:es will issue
the following vaccine compensation payment:
A lump sum of'$65,000.00 in the form ol'a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-l 5(a).
9. As soon as practicable after the entry ofjudgment 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 rurther proceedings before
the special master to award reasonable attorneys· Ices and costs incurred in proceeding upon this
petil ion.
I 0. 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 benclits programs (other than Title XIX of the Social Security /\.ct (42 U.S.C.
§ 1396 ct S<!q.)). or by entities that provide health services on a pre-paid basis.
')

Case 1:20-vv-00535-UNJ Document 34 Filed 05/23/22 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
lu lhc: availability of suffo:it:nt statutory fun<ls.
12. The patties and their attorneys further agree and stipulate that, except for any award
for attorney's 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 constrnction of 42 U.S.C. § 300aa-l 5(a) and (cl), and subject to the conditions of 42 U.S.C.
§ 300aa-15(g) and (h).
13. In return for the paymc:nts described in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf of her 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 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 or, 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 November 8, 2018, as
alleged in a petition for vaccine compensation filed on or about April 30, 2020, in the United
States Court of Federal Claims as petition No. 20-535V.
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.
_",'

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15. If the special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court of'Fcderal Claims fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of this Stipulation. then the parties·
scttlement and this Stipulation shall bc voidable at the sole discretion of either party.
16. This Stipulation <!xpresscs a full and complete negotiated Sl.!ttlemcnl or liability and
or
d,11nages claimed under the National Childhood Vaccine Injury Act I 986. as amended. except
as otherwise noted in paragraph 9 abovl!. There is absolutely no agreement on the part of the
parries hereto to make any payment or to do any act or thing other than is herein c:-:pn.:ssly srat<!cl
;ind clearly agreed lo. The parties further agree and understand that the award describ<.!d in this
Stipulation may rc!1ccl a l:Ompromi.s<.: of th<.: parties· respective positions as to liability and/or
amount of damages. and rurthcr. that a change in the nature of' the injury or condition or in the
items or 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 ilu vaccine caused petitioner's alleged injury or
any other injury or her current disabilitit!s. or that petitioner surferccl an injury contained in the
Vaccine Injury Table.
18. /\II rights and obligations or J)l'litionl.!r hcrcumkr shul I apply cquall) 10 petitioner· s
hl.!irs. c:,.;ccutors. administrators. successors. and/or .., ssigns.
END OF STIPULATION
4

Case 1:20-vv-00535-UNJ Document 34 Filed 05/23/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
L~~:c:t~SElgAnt~d !~>y.: :i~
DAISY PARRISH
ATTORNEY OF RECORD FOR AUTHORIZED REPRSENTATIVE
PETITIONE~ OF THE ATTORNEY GENERAL:
, k - -
~~~e~
JESSIC A. OLINS I-IEA THER L. PEARLMAN
Magj.i Christopher & Toale Law Finn Deputy Director
132'5 fourth Avenue. Suite 1730 Torts Branch
Seattle, WA 9810 I Civil Division
Tel: (888) 952-5242 U.S. Department of Justice
Email: jolins@mctlaw.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEAL TH RESPONDENT:
AND HUMAN SERVICES:
Dlgllally signed by George R. Grimes •
George R. Grimes -S14
s14
Date: 2022.04.06 18:12:<2 -04'00'
CDR GEORGE REED GRIMES. MD, MPH JAMES V. LOPEZ
Director. Division of Injury Trial Attorney
Compensation Programs Torts Branch. Civil Division
I lealth Systems Bureau U.S. Depat1mcnt of Justice
I Icalth Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services Tel: (202) 616-3655
5600 Fishers Lane, 08N 1468 Email: james.lopez@usdoj.gov
Rockville, MD 20857
o~hzJzgz_,"'2- .
Dated:
5