VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00557
Package ID: USCOURTS-cofc-1_20-vv-00557
Petitioner: Joshua Lige Kelly
Filed: 2020-05-05
Decided: 2022-06-30
Vaccine: hepatitis A
Vaccination date: 2018-12-10
Condition: right shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 42815

AI-assisted case summary:
Joshua Lige Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a Hepatitis A vaccine on December 10, 2018. He claimed the injury was either a Table injury or caused-in-fact by the vaccine and that its residual effects lasted more than six months. Respondent denied that Mr. Kelly sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Mr. Kelly $42,815.23. This amount included a lump sum of $40,000.00 payable to Mr. Kelly and $2,815.23 to reimburse a Medicaid lien. The award represents compensation for all damages available under the Vaccine Act. Mr. Kelly agreed to endorse the check for the Medicaid lien. The stipulation also addressed future proceedings for attorneys' fees and costs and included a release of claims against the United States and the Secretary of Health and Human Services.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00557-0
Date issued/filed: 2022-06-30
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 05/25/2022) regarding 32 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00557-UNJ Document 34 Filed 06/30/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0557V
UNPUBLISHED
JOSHUA LIGE KELLY, Chief Special Master Corcoran
Petitioner, Filed: May 25, 2022
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)
V. Katie Gilliam, The Gilliam Firm, PLLC, London, KY, for Petitioner.
Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On May 5, 2020, Joshua Lige Kelly 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 he suffered a right shoulder injury related to vaccine
administration (“SIRVA”), as defined on the Vaccine Table Injury, or, in the alternative,
which was caused-in-fact by the Hepatitis A vaccine he received on December 10, 2018.
Petition at 1, ¶¶ 2, 16; Stipulation, filed at May 25, 2022, ¶¶ 1-2, 4. Petitioner further
alleges that he received the vaccine in the United States, that he suffered the residual
effects of his SIRVA injury for more than six months, that he initially filed a civil action
which was subsequently dismissed before this case was filed, and that neither he nor any
other party has filed any additional civil action or received compensation for his SIRVA,
alleged as vaccine caused. Petition at ¶¶ 2, 17-19; Stipulation at ¶¶ 3-5. “Respondent
denies that [P]etitioner sustained a SIRVA Table injury; denies that the vaccine caused
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-00557-UNJ Document 34 Filed 06/30/22 Page 2 of 8
[P]etitioner’s alleged shoulder injury or any other injury; and denies that his current
condition is a sequala of a vaccine-related injury.” Stipulation at ¶ 6.
Nevertheless, on May 25, 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 $42,815.23 as
follows:
1. A lump sum payment of $40,000.00 in the form of a check payable to
Petitioner; and
2. A lump sum payment of $2,815.23, representing reimbursement of a
Medicaid lien for services rendered to Petitioner, in the form of a check
payable jointly to Petitioner and Equian, and mailed to:
Equian
P.O. Box 182643
Columbus, OH 43218
Case # 1056226.
Stipulation at ¶ 8. Petitioner agrees to endorse the check to Equian for satisfaction of the
Medicaid lien. 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-00557-UNJ Document 34 Filed 06/30/22 Page 3 of 8
INTHE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOSHUA LIGE KELLY.
Pet1tioner. No. 20-557V
Chief Special Master Corcoran
V. F.CF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
I. Joshua Lige Kelly ("petitioner"), filed a petition for vaccin~ compensation under the
National Vaccine [ujury Compensation Program. 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of a hepatitis A vaccine, which \'accine is contained in the Vaccine Injury Table (the "Table"),
42 C.F.R. § I 00.3(a)
2. Petitioner received a hepatitis A vaccine on December I 0, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table, or in the alternative. that his alleged
shoulder injury was caused by the vaccine. He funher alleges that he experienced the residua!
effects of this condition for more than six months.

Case 1:20-vv-00557-UNJ Document 34 Filed 06/30/22 Page 4 of 8
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages on his behalf as a rcsu It of his alleged injury.
6. Respondent denies that p~titioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury or any other injury: and denies that his
current condition is a scquela of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties ne\'erthele~ now agree that the
issues between them shall be sellled and that a decision should be entered awarding the
compensation described m paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofjud1:,•mcnt reflecting a decision consistent with
the tenns of this Stipulation. and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2 I (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
/\. /\ lump sum of $40,000.00 in the form of a check payable to petitioner; and
B. A lump sum of S2,81S.23. 1 representing reimbursement of a Medicaid lien for services
rendered to petitioner, in the fonn of a check payable jointly to petitioner and Equian:
Equian
PO Box 182643
Columbus, OH 432 I 8
Case# 1056226
Petitioner agrees to endorse this check to Equian.
These amounts represent compensation for all damages that would be available under 42 U.S.C.
§ 300aa-I 5(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim. lit:n, or
cause of action Equian may have against any individual as a result of any Medicaid payments
made to or on behalf of Joshua Lige Kelly as a result of his alleged vaccine-related injury
suffered on or about December l 0, 2018, under Title XIX of the Social Security Act. see 42
U.S.C. § 300aa-l 5(g). (h).
2

Case 1:20-vv-00557-UNJ Document 34 Filed 06/30/22 Page 5 of 8
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-2 l(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.
I0 . Pctitionl!r and his anorn\!y r\!prcscnt that compensation to 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-15(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 benefit-. programs ( other than Title XIX of the Social Security Act ( 42 U. S.C.
§ 1396 ct seq.)). or by entities that provide health services on a pre-paid basis.
I I . 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-J 5(i), subje<..'t
to the availability of sufficient statutory funds.
12. The parties and their allorneys 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 construction of 4:! U.S.C. § 300aa-15(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 his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
3

Case 1:20-vv-00557-UNJ Document 34 Filed 06/30/22 Page 6 of 8
the Secretary of Health and Human Sen ices from any and all actions or causes of action
(includingagreemcnts,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 Coun of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U. S.C. § 300aa-l 0 ct 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 lo have resulted from. the hepalilis A vaccination administered on December 10,
2018, as alleged in a petition for vaccine compensation filed on or about May 5, 2020, in the
United States Court of Federal Claims as petition No. 20-5.5 7V.
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. lf 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 lo enter judgment in confonnity with a
decision that is in complete confonnity with the te1ms of this Stipulation, then the parties·
settlement and this Stipulation shall be voidable at the sole discretion of either party.
I 6. 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 he rein expressly stated
and clearly agreed to. The patties f urthcr agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' rc~pectivc positions as to liability and/or
amount of damages, and furth\!I', that a change in the nature of the injury or condition or in the
4

Case 1:20-vv-00557-UNJ Document 34 Filed 06/30/22 Page 7 of 8
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 hepatitis A vaccine caused petitioner's alleged
injury or any other injury or his current disabilities, or that petitioner suffered an injury contained
in the Vaccine Injury Table.
18. All rights and obligalions of petitioner hereunder shall apply equally to petitioner's
heirs executors. administrators, successors, and/or assigns.
1
END OF ST[PULA TION
5

Case 1:20-vv-00557-UNJ Document 34 Filed 06/30/22 Page 8 of 8
Respectfully submitted,
PETITIO~£R:
J~iar(fdf
ATTORNtYOFRECORDFOR AI;THORIZED REPRESF.NTATIVF.
PETITIO~ER: OF THE ArrORNEY GE~ERAL:
'~ ~ ( ? ~
V. K TIE 1ILLIA HEATHER L. PEARLMAN
THE GILLIAM FIRM, PLLC Deputy Director
219 East 41h Street Torts Branch
London, KY 40741 Civil Division
(606) 864-3941 U.S.DcpartmentofJustice
Email: vkatiegilliam@gmail.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESf.~TATIVF. ATTOR~fYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDE:"iilT:
AND HUMAN SERVICES:
George R. Grimes - 01qrt,My s,qntd by Georqe R
G11mes-S1•
$ 14 O•te: 2022.0U S 1S03·47•04'00' ~ E~ Jl)/JC'.
CDR GEORGE GRIMES, MD, MPH
Director. Division of Injury Trial Anomcy
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U. S. Department of Health and U. S. Department of Justice
Humans Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Park lawn Building, Mail Stop 08N 146B Washinglon. DC 20044-0146
Rockville, MD 20857 (202) 451-7312
Email: madclyn.e.weeks@usdoj.gov
t~~
Dated:QE-5
6