VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01354
Package ID: USCOURTS-cofc-1_20-vv-01354
Petitioner: Tracy Wiggins
Filed: 2020-10-09
Decided: 2022-11-30
Vaccine: influenza
Vaccination date: 2018-10-17
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 35000

AI-assisted case summary:
Tracy Wiggins filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2020, alleging injury from an influenza vaccine received on October 17, 2018. Petitioner alleged a left shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury, and denied that the vaccine caused any other injury or Petitioner's current condition. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Tracy Wiggins a lump sum of $35,000.00 as compensation for all damages. The decision was issued on November 30, 2022. Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and the respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.

Theory of causation field:
Petitioner Tracy Wiggins received an influenza vaccine on October 17, 2018, in her left shoulder. She alleged a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, with residual effects lasting more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury, and denied that the vaccine caused any other injury or Petitioner's current condition. The parties filed a joint stipulation on October 26, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $35,000.00 for all damages. The decision was issued on November 30, 2022. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Kyle Edward Pozza. The stipulation stated that it was not an admission by the United States that the flu vaccine caused Petitioner's alleged shoulder injury or any other injury, or that Petitioner suffered an injury contained in the Vaccine Injury Table.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01354-0
Date issued/filed: 2022-11-30
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 10/27/2022 ) regarding 30 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01354-UNJ Document 34 Filed 11/30/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1354V
UNPUBLISHED
TRACY WIGGINS, Chief Special Master Corcoran
Petitioner,
v. Filed: October 27, 2022
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages; Influenza
(Flu) Vaccine; Shoulder Injury
Respondent. Related to Vaccine Administration
(SIRVA).
Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner.
Kyle Edward Pozza, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 9, 2020, Tracy Wiggins 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 received an influenza (“flu”) vaccine, which vaccine is contained
in the Vaccine Injury Table (the “Table”), 42 C.F.R. § 100.3(a), in her left shoulder on
October 17, 2018. 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 suffered the residual effects of this alleged injury for more than six
months.
Respondent denies that Petitioner sustained a SIRVA Table injury; denies that the
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.
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-01354-UNJ Document 34 Filed 11/30/22 Page 2 of 7
Nevertheless, on October 26, 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 $35,000.00 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

Case 1:20-vv-01354-UNJ Document 34 Filed 11/30/22 Page 3 of 7
IN THE UNITED STATES·COURTOJ! FEDERAL CLAIMS
SPECIAL
OFFICE OF MASTERS
)
TRACY WIGGINS, )
)
Petitioner, )
) No. 20-13S4V (BCF)
v. ) Chief Special Master Brian H. Corcorao
)
SECRETARY OF HF..ALTII )
AND HUMAN SER.VICES, )
)
Respondent )
STIPULATION
The parties heroby stipulate to the following matters:
1. Tracy Wiggins, petitioner, ided a petition forvaccme compensation under the
National Vaccine Injury Com.pens$b.onProgram~ 42 U.S.C. §§ 300aa-10 to -34 (the "Vaccine
Program"). The petition seeks compmsalion fer injuries allegedly i:elated to petitioner~s receipt
of an influenm ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (tho
"Table")~ 42 C.F. R. § 100.3(a).
2. Petitioner received the flu vaccine in her left shoulder on October 17, 2018.
3. The vaccination was administered within the United States.
4. Petitioner alleecs that she suffered a left Shoulder Injury Related to Vaccine
Administration ("SIR.VA") within the time period set forth in the Table, and further alleges that
she experienced the residual effeds ofh er injury for more than six months.
S. Peti1ioner 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-01354-UNJ Document 34 Filed 11/30/22 Page 4 of 7
6. Respondent deJ)ics 1hat petitioner sustained a SIR.VA T~le injury, dcoios that
petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denies tbat the flu
vaccine caused petitioner any o1b.er bijury or heT cum:at condition.
7. Maintaining their above-stated positions, the parties novatheloas now agree that the
issues between them shall be seulcd and that a decisicm should be enta'ed awarding the
compensation described in paragraph 8 of1his Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consis=t with
the terms of this Stipulation, and after petitioner hu filed an election to receive compensation
pursuantto42 U.S.C. § 300aa-21(a)(l), theSecretaryofHealthandHumanServices willissue
the following vaccine compensation payment:
A lump sum ofS3S,000.00 in the form ofacheckpayabletopetitioner. This
amount represen1S compensation for all damages 1hat would be available under 42
U.S.C. § 300aa-1S(a).
9. As soon as practicable after the emry ofj udgment on entitlement in this case, andafi:ir
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2l{a)(1), and an application, thepartieswillsubmitto further proceedings before
the special master to award reasonable attomeys• fees and costs incuued in proceeding upon thiS.
petition.
10. Petitioner and her attomey repn:scmt that compensation to be provided pursuant to
this Stipulation is not for any items or seJVicea f orwhich the Program i1 not primarily liable
under 42 U.S.C. § 300aa-15(g), to the extent 1hat paymmt has boen made or can reasonably be
expected to be made under any State compensation programs, insuraucepolicics, Federal or
State health benefits programs (o ther than Title XIX of the Social St:curity Act (4 2 U .S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
2

Case 1:20-vv-01354-UNJ Document 34 Filed 11/30/22 Page 5 of 7
11. Payment made pursuant to paragraph 8 oft his Stipulation and any amounts awarded
pursuant to paragraph 9 oft his Supulation will be made in acconbmce with 42 U.S.C. § 300aa
l S(i), subject to 1hc availability of sufficient statutory funda.
12. The puties and their attorneys further agree and stipulate that, except for any award
for attomeys• fees and litigation costs, andpastumeimbw:sedoxpenses. the money provided
pursuant to 1his Stipulation will bo used solely for the benefit ofp etitioner aa contemplated by a
strict coastructionof4 2 U.S.C. § 300aa-1S(a)and (d), and subject to the conditions of 42U.S.C.
§ 300aa-l S(g) and (h).
13. In retum for the payments desa:ioed in paragraphs 8 and 9, petitioner, in her
individual capacity, and on behalf ofh er heirs, executors, administrators, successors or assigns,
does forever iJrevocably and unoonditionally release, acquit and discharge the United States and
the Secretaty of Health and Human Services from any and all actions or causes of action
(including ~cntB, judgmon13, claims, damages, loss ofs ervices. expenses and all d~ands
of whatever kind or nature) that have been brought, could have beai broqbt, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injmy 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
fro~ or alleged to have resulted from. the flu vacanation admiDis1ered on October 17, 2018 as
alleged by petitioner in a petition for vaccine compmsation filed on or about October 9, 2020, in
1he United States Court of Federal Claims as petition No. 20-1354V.
14. If petitionor ahould dio prior to entry ofj udgment, 1hia agreement shall be voidable
upon proper notice to the Court on behalf ofe ither or both of the parties.
3

Case 1:20-vv-01354-UNJ Document 34 Filed 11/30/22 Page 6 of 7
1S . If1 110 special master fails to issue a decision in complete conformity with the terms
of this Stipulation or if the Court ofF ederal Claims fails to enter judgment in confcmnity with a
decision 1hat is in complete conformity with the teans oft his Stipulation, then the puties'
settlement and this Stipulation shall be voidable at the solo discretion ofe i1ber party.
16. This Stipulation expresses a full and complete neaotiated settlement of liability and
damages claimed under the National Childhood Vaccine InjwyA ct of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part oft he
parties hereto to make any payment or to do any act or1hing other than is herein expreaaly stated
and clearly qrced to. The parties further agree and undmstand that the award deacn'bed in this
Stipulation may reflect a compromise of1 he parties' respectivepoaitions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in 1hc
items of compensation sought, is not grounds to modify or revise this.agreement.
17. Th.is Stipulation shall not be construcdu an admiufon by the U~ States or the
Secretuy of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
.
.
injury or any other injury, or 1bat petitioner suffered an injury contained in the Vaccine Injury
Table.
18. All righ11 and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administraton, successors, and/or assips.
END OF STIPULATION
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Case 1:20-vv-01354-UNJ Document 34 Filed 11/30/22 Page 7 of 7
Respectt'ully submitted,
PETITIONER:
ATl'ORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
:tE1'1TIOND: OF THEATl'ORNEY GENERAL:
J,u o1J:!>M}?d.J2<~ A.Jlc::::-.......
HBATIIEll L. PEARLMAN -
Muller Brazil Depu1)' Director
71 S Twining Road, Suite 208 Torts Branch
Dresher, PA 1902S Civil Division
Tel: (21S) 885-1655 U.S. Department of Justice
Email: paul@mu.llelbnml.com P.0.Box 146
Benjamin Franklin S1ation
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTBESECRETARYOFIIEALTB RESPONDENT:
AND BlJMAN SERVICES:
George R. Grimes \
DlgltallJ,fpdbyGeorgeR.
-s ·<,i,IINS •S14
14
Oiii:2022.10,05 17:18;13 -04'00'
CDR GEORGEREBD ORIMBS, MD, MPH
Dmlctor, Division of Injury Trial Attomcy
Compensation Programs Torts Branch
Health Sys1ems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O.Box 146
U.S. DepU1mentofHealth Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lano, 08Nl46B Tel: (202)616-3661
RDckville, MD 20857 E-mail: Kyle.Pozza@usdoj.gov
Dated:
s