VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00964
Package ID: USCOURTS-cofc-1_20-vv-00964
Petitioner: Joanne Garston
Filed: 2020-08-04
Decided: 2023-02-17
Vaccine: Tdap
Vaccination date: 2019-09-09
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 22500

AI-assisted case summary:
Joanne Garston filed a petition on August 4, 2020, seeking compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA) allegedly caused by a Tdap vaccination she received on September 9, 2019. She alleged that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that no other lawsuits were filed. Respondent denied that Ms. Garston sustained a SIRVA Table injury or that the vaccine caused her condition. Despite these differing positions, the parties filed a joint stipulation on January 17, 2023, agreeing to settle the case. The stipulation stated that Ms. Garston received a Tdap vaccine on September 9, 2019, and subsequently developed SIRVA. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Ms. Garston $22,500.00 in compensation for all items of damages. The decision was issued on February 17, 2023.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00964-0
Date issued/filed: 2023-02-17
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/17/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.
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Case 1:20-vv-00964-UNJ Document 40 Filed 02/17/23 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-964V
UNPUBLISHED
JOANNE GARSTON, Chief Special Master Corcoran
Petitioner, Filed: January 17, 2023
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)
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Katherine Carr Esposito, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On August 4, 2020, Joanne Garston filed a petition2 for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (SIRVA) resulting from the administration of a tetanus diphtheria acellular
pertussis (Tdap) vaccination she received on September 9, 2019. Amended Petition at 1;
Stipulation, filed at January 17, 2023, ¶¶ 1-2. Petitioner further alleges that the vaccine
was administered within the United States, she suffered the residual effects of her injury
for more than six months after the administration of the vaccine, and no lawsuits have
been filed or awards accepted by anyone, including Petitioner, due to her vaccine-related
injury. Petition at 10; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained
a SIRVA Table injury; denies that the Tdap vaccine caused [P]etitioner’s injury, or any
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 Petitioner filed a more detailed amended petition on March 1, 2021. See ECF No. 11.
3 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-00964-UNJ Document 40 Filed 02/17/23 Page 2 of 7
other injury; and denies that her current condition is a sequelae of a vaccine-related
injury.” Stipulation at ¶ 6.
Nevertheless, on January 17, 2023, 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 $22,500.00 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.4
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
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.
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Case 1:20-vv-00964-UNJ Document 40 Filed 02/17/23 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JOANNE GARSTON,
Petitioner,
No. 20-964V (ECF)
V. Chief Special Master Corcoran
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner, Joanne Garston, filed a petition for vaccine compensation under the
National Vaccine Injury 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 tetanus-diphtheria-acellular pertussis ("Tdap'') vaccine, which is contained in the Vaccine
Injury Table (the "Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a Tdap vaccine in her left arm on September 9, 2019.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she subsequently developed a Shoulder Injury Related to
Vaccine Administration ("SIRVA'"). She further alleges that she has experienced 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.

Case 1:20-vv-00964-UNJ Document 40 Filed 02/17/23 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
Tdap vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that her
current condition is a sequelae 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 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-2l(a)(I), the Secretary of Health and Human
Services will issue the following vaccine compensation payment:
A lump sum of$22,500.00 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-15(a).
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 special master to award reasonable attorneys' fees and costs incurred in proceeding
upon this petition.
10. Petitioner and her 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-l 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.
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Case 1:20-vv-00964-UNJ Document 40 Filed 02/17/23 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-l 5(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, 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-15(a) and (d ), and subject to the conditions of 42 U.S.C. § 300aa-l 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,
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 lnjury Compensation
Program, 42 U.S.C. § 300aa-10 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 a Tdap vaccine administered on September 9. 2019, as
alleged by petitioner in a petition for vaccine compensation filed on or about August 4, 2020, in
the United States Court of Federal Claims as petition No. 20-964V.
14. lf 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
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Case 1:20-vv-00964-UNJ Document 40 Filed 02/17/23 Page 6 of 7
with a decision that is in complete conformity with the te1ms 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 I 986, 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.
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 injury or
any other injury or her current disabilities, or that petitioner suffered an injury 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
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Case 1:20-vv-00964-UNJ Document 40 Filed 02/17/23 Page 7 of 7
Rcsrcctfully :rnbmittcJ.
PE'l'I IONER:
ATTORNEY OF RECORD FOR AUTHORIZED l~EPl{f.SEJ\TA TI\'£
PETITIONER: OF THE ATTOR•~EY GF:1'-ERAL:
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