VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00788
Package ID: USCOURTS-cofc-1_20-vv-00788
Petitioner: Patricia Parks
Filed: 2021-12-28
Decided: 2022-01-27
Vaccine: Tdap
Vaccination date: 2018-01-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 51524

AI-assisted case summary:
Patricia Parks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a tetanus diphtheria acellular pertussis (Tdap) vaccine administered on January 6, 2018. The Tdap vaccine is listed on the Vaccine Injury Table. Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Nevertheless, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Corcoran adopted the stipulation as her decision, awarding Patricia Parks a total of $51,523.67. This amount includes a lump sum of $50,000.00 payable to Petitioner and $1,523.67 to reimburse a Medicaid lien. This compensation covers all items of damages available under the Vaccine Act. The parties agreed that this stipulation represents a full and complete negotiated settlement of liability and damages, and the United States did not admit that the Tdap vaccine caused Petitioner's alleged injury.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00788-0
Date issued/filed: 2022-01-27
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 12/28/2021) regarding 36 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-00788-UNJ Document 40 Filed 01/27/22 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-788V
UNPUBLISHED
PATRICIA PARKS, Chief Special Master Corcoran
Petitioner, Filed: December 28, 2021
v.
Special Processing Unit (SPU); Joint
SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus
HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap)
Vaccine; Shoulder Injury Related to
Respondent. Vaccine Administration (SIRVA)
Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner.
Naseem Kourosh, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On June 29, 2020, Patricia Parks 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”) caused by a tetanus diphtheria acellular pertussis (“Tdap”)
vaccine administered on January 6, 2018. Petition at 1; Stipulation, filed at December 21,
2021, ¶¶ 1, 2. Petitioner further alleges that the vaccine was administered within the
United States; that she sustained a SIRVA as set forth in the Table or that her injury was
caused in fact by the vaccine; that she experienced the residual effects of her condition
for more than six months; and that there has been no prior ward or settlement of a civil
action for damages on her behalf as a result of her condition. Petition at 6; Stipulation at
¶¶ 3-5. Respondent denies that Petitioner sustained a SIRVA Table injury; denies that
the vaccine caused Petitioner’s allege shoulder injury, or any other injury; and denies that
Petitioner’s 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-00788-UNJ Document 40 Filed 01/27/22 Page 2 of 8
Nevertheless, on December 21, 2021, 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 $50,000.00 in the form of a check payable to Petitioner; and
B. A lump sum of $1,523.673 representing reimbursement of a Medicaid lien for
services rendered to Petitioner by the State of Louisiana UnitedHealthcare
Community Plan, in the form of a check payable jointly to Petitioner and
Optum4, to be sent to
Optum
Attention: Melissa Calderon
Group: Healthy Louisiana, #LABYHP
File #: 57725780
L-3994
Columbus, OH 43260-3994
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 the court is directed
to enter judgment in accordance with this decision.5
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 Louisiana may have against any individual as a result of any Medicaid payments the
State of Louisiana has made to or on behalf of petitioner as a result of petitioner's alleged injury relating to
a vaccine administered on January 6, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. §
300aa-15(g), (h).
4 Petitioner agrees to endorse this check to Optum.
5 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-00788-UNJ Document 40 Filed 01/27/22 Page 3 of 8
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
PATRICIA PARKS,
Petitioner,
No. 20-788V (ECF)
V. Chief Special Master Corcoran
SECRETARY OF HEALTH
AND HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Patricia Parks, petitioner, filed a petition for vaccine compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-10 et seq. (the ''Vaccine Program").
The petition seeks compensation for injuries allegedly related to petitioner's receipt of the
tetanus diphtheria acellular pertussis ("Tdap") vaccine, which vaccine is contained in the
Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3(a).
2. Petitioner received a Tdap vaccine on January 6, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleges that petitioner sustained a shoulder injury related to vaccine
administration ("SIRVA'') as set forth in the Table, or, in the alternative, that petitioner's alleged
shoulder injury was caused in fact by the vaccine. Petitioner further alleges that petitioner
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 petitioner's behalf as a result of petitioner's condition.

Case 1:20-vv-00788-UNJ Document 40 Filed 01/27/22 Page 4 of 8
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
petitioner's current condition 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 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 payment:
A. A lump sum of $50,000.00 in the form of a check payable to petitioner; and
B. A lump sum of$1,523.671 representing reimbursement of a Medicaid lien for
services rendered to petitioner by the State of Louisiana UnitedHealthcare
Community Plan, in the form of a check payable jointly to petitioner and Optum,
to be sent to:
Optum
Attention: Melissa Calderon
Group: Healthy Louisiana, #LABYHP
File #: 57725780
L-3994
Columbus, OH 43260-3994
Petitioner agrees to endorse this check to Optum.
This amount represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or
cause of action the State of Louisiana may have against any individual as a result of any
Medicaid payments the State of Louisiana has made to or on behalf of petitioner as a result of
petitioner's alleged injury relating to a vaccine administered on January 6, 2018, under Title XIX
of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h).
2

Case 1:20-vv-00788-UNJ Document 40 Filed 01/27/22 Page 5 of 8
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-21(a)(l), 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 petitioner's attorney represent 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 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.
11. Payments made pursuant 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-
15(i). subject to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs, and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict
construction of 42 U.S.C. §§ 300aa-15(a) and (d), and subject to 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 petitioner's
individual capacity, and on behalf of petitioner'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
3

Case 1:20-vv-00788-UNJ Document 40 Filed 01/27/22 Page 6 of 8
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 Vaccine Program, 42 U.S.C.
§ 300aa-10 et seq., on account of, or in any way growing out ot: 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 Tdap vaccination administered on January 6, 2018, as alleged by
petitioner in a petition for vaccine compensation filed on or about June 29, 2020, in the United
States Court of Federal Claims as petition No. 20-788V.
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.
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 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 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.
4

Case 1:20-vv-00788-UNJ Document 40 Filed 01/27/22 Page 7 of 8
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Service that the Tdap vaccine caused petitioner's alleged injury
or any other injury or petitioner's current disabilities, or that petitioner suffered an injmy
contained in the Vaccine Injury Table.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators. successors, and/or assigns.
END OF STIPULATION
5

Case 1:20-vv-00788-UNJ Document 40 Filed 01/27/22 Page 8 of 8
Respectfully submitted,
PETITIONER:
Patricia Parks (Dec 131202117:35 CST)
PATRICIA PARKS
ATTORNEY OF RECORD AUTHORIZED REPRESENTATIVE
27
FOR PETITIONER: OF THE ATTORNEY GENERAL:
-~~\he~~
JIMM A.ZGHEIB HEATHER L. PEARLMAN
Zgheib Sayad, P.C. Deputy Director
75 South Broadway, 4th Floor Torts Branch
White Plains, NY 10601 Civil Division
Tel: (914) 729-1110 U.S. Department of Justice
Email: jim@vaccinelawyers.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
[:)a&,_ l/r/SC/1 A/J~j'~
~ I
TAMARA OVERBY NASEEM KOUROSH
Acting 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, 08N146B Tel: (202) 305-1159
Rockville, MD 20857 Email: naseem.kourosh@usdoj.gov
Ju/zdzoz.,(
Dated:
6