VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01178 Package ID: USCOURTS-cofc-1_20-vv-01178 Petitioner: Rebecca Cartwright Filed: 2020-09-11 Decided: 2022-04-22 Vaccine: influenza Vaccination date: 2018-10-24 Condition: left shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 72904 AI-assisted case summary: Rebecca Cartwright filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2018. Petitioner alleged the vaccine was administered in the United States and that she experienced residual effects of her injury for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the alleged shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused petitioner any other injury or her current condition. Despite these positions, the parties filed a joint stipulation for settlement on March 22, 2022. The stipulation stated that the flu vaccine is contained in the Vaccine Injury Table and that Cartwright received the vaccine in the United States and experienced residual effects for more than six months. Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Rebecca Cartwright $72,904.20 in compensation for all damages available under the Vaccine Act. This amount was to be paid as a lump sum in the form of a check payable to Petitioner. The decision was based on the joint stipulation and adopted as the court's decision awarding damages. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and Respondent was represented by Emilie Williams of the U.S. Department of Justice. Theory of causation field: Petitioner Rebecca Cartwright alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2018. The flu vaccine is listed in the Vaccine Injury Table. Petitioner alleged the vaccine was administered in the United States and that she experienced residual effects for more than six months. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the alleged shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused petitioner any other injury or her current condition. The parties filed a joint stipulation for settlement, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $72,904.20 as a lump sum. The stipulation stated that the award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Jimmy A. Zgheib, and Respondent was represented by Emilie Williams. The decision date was April 22, 2022. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01178-0 Date issued/filed: 2022-04-22 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 03/22/2022) regarding 31 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01178-UNJ Document 37 Filed 04/22/22 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1178V UNPUBLISHED REBECCA CARTWRIGHT, Chief Special Master Corcoran Petitioner, Filed: March 22, 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) Jimmy A. Zgheib, Zgheib Sayad, P.C., White Plains, NY, for Petitioner. Emilie Williams, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On September 11, 2020, Rebecca Cartwright 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 left shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine received on October 24, 2018. Petition at ¶¶ 4, 28-29; Stipulation, filed March 22, 2022, at ¶¶ 2-4. Petitioner further alleges the vaccine was administered in the United States, she experienced 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 ¶¶ 4, 31-33; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury, denies that petitioner’s alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner 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. 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-01178-UNJ Document 37 Filed 04/22/22 Page 2 of 7 Nevertheless, on March 22, 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 $72,904.20 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-01178-UNJ Document 37 Filed 04/22/22 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) REBECCA CARTWRIGHT, ) ) Petitioner, ) ) No. 20-l 178V V. ) Chief Special Master Corcoran ) ECF SECRETARY OF HEALT H AND HUMAN ) SERVICES, ) ) _______________ Respondent. ) ) STIPULATION The parties hereby stipulate to the following matters: I . Rebecca Cartwright, 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 an influenza ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § l 00.3(a). 2. Petitioner received the flu vaccine on October 24, 2018. The vaccine administration records indicate the vaccine was administered in the left arm. 3. The vaccination was administered within the United States. 4. Petitioner alleges that she suffered a left Shoulder Injury Related to Vaccine Administration ("'SIRVA") within the time period set forth in the Table, 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. Case 1:20-vv-01178-UNJ Document 37 Filed 04/22/22 Page 4 of 7 6. Respondent denies that petitioner sustained a SIRVA Table injury, denies that petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury or her current condition. 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 tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2I(a)(l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$72,904.20 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 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)( 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. I 0. 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. 2 Case 1:20-vv-01178-UNJ Document 37 Filed 04/22/22 Page 5 of 7 11. Payment 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 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-15(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 Injury Compensation Program, 42 U.S.C. § 300aa-I0 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 October 24, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about September 11, 2020, in the United States Court of Federal Claims as petition No. 20-l 178V. 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. 3 Case 1:20-vv-01178-UNJ Document 37 Filed 04/22/22 Page 6 of 7 15. If the special master fails to issue a decision in complete conformity with the tenns 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. 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 shoulder injury 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 I I I I I I I I I I I 4 Case 1:20-vv-01178-UNJ Document 37 Filed 04/22/22 Page 7 of 7 Respectfully submitted, PETITIONER: ~ ~ l (Mar 18, 2022 11:25 EDT) REBECCA CARTWRIGHT ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: '~ ~~~~*L~1~-d>,)./\f\,----_ Deputy Director Torts Branch Civil Division U.S. Department of Justice P.O. Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTH RESPONDENT: AND HUMAN SERVICES: + George R. Grimes OigitallysignedbyGeorgeR. £~ ~~ Grimes-S14 -$ 14 Date: 2022.03.17 08:40:36 -04'00' ~~