VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01373
Package ID: USCOURTS-cofc-1_20-vv-01373
Petitioner: Charity Frimpong
Filed: 2020-10-13
Decided: 2022-04-08
Vaccine: influenza
Vaccination date: 2017-11-06
Condition: Shoulder Injury Related to Vaccine Administration (SIRVA)
Outcome: compensated
Award amount USD: 90000

AI-assisted case summary:
Charity Frimpong filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine received on November 6, 2017. She alleged the injury resulted in residual effects lasting more than three years. The petition was amended on February 18, 2022, to correct certain errors, including the date of vaccination. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Frimpong's injury or SIRVA. Despite maintaining their positions, the parties filed a joint stipulation on March 8, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms. Frimpong was awarded a lump sum of $90,000.00, payable by check to Petitioner, representing compensation for all items of damages available under the program. The decision was entered on April 8, 2022. Petitioner was represented by Kwaku D. Ofori of Ofori Law Firm, LLC, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The stipulation states that the compensation is not for items or services for which the Program is not primarily liable and that payment is subject to the availability of sufficient statutory funds. Petitioner irrevocably releases the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the flu vaccination.

Theory of causation field:
Petitioner Charity Frimpong alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine received on November 6, 2017. The respondent denied that the vaccine caused the alleged injury or SIRVA. The parties reached a joint stipulation to settle the case, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation awarded Petitioner a lump sum of $90,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on April 8, 2022, based on the stipulation filed March 8, 2022. The original petition was filed October 13, 2020. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public text does not detail specific medical experts, the mechanism of injury, or the specific residual effects beyond stating they lasted more than three years. Petitioner was represented by Kwaku D. Ofori and Respondent by Kimberly Shubert Davey.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01373-0
Date issued/filed: 2022-04-08
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 03/08/2022) regarding 53 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1373V
UNPUBLISHED
CHARITY FRIMPONG, Chief Special Master Corcoran
Petitioner, Filed: March 8, 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)
Kwaku D. Ofori, Ofori Law Firm, LLC, Silver Springs, MD, for Petitioner.
Kimberly Shubert Davey, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On October 13, 2020, Charity Frimpong filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). She filed an amended petition to correct a few errors on February 18,
2022. ECF No. 50. Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) caused-in-fact by the influenza (“flu”) vaccine she received on
November 6, 2017. Amended Petition at 1, ¶¶ 2, 20;3 Stipulation, filed at Mar. 8, 2022, ¶¶
1-2, 4. Petitioner further alleges that she received the flu vaccine within the United States,
that she suffered the residual effects of her SIRVA for more than three years post-
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).
3 Although Petitioner corrected the date of vaccination in her amended petition, there is still at least one
instance where the date is erroneously referred to as October 15, 2017. Amended Petition at 3. Additionally,
there are a few instances which described Petitioner’s injury as GBS (Guillain-Barré Syndrome). Id. at 16,
20. There are obvious errors. It is clear that Petitioner is alleging a SIRVA injury caused by the influenza
vaccine she received on November 6, 2017.

Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 Page 2 of 7
vaccination, and that neither she nor any other party has filed a civil action or received
compensation for his SIRVA. Petition at ¶¶ 2, 16-18; Stipulation at ¶¶ 3-5. “Respondent
denies that the flu vaccine caused [P]etitioner to suffer a right shoulder injury or any other
injury or her current condition, and denies that [P]etitioner’s sustained a SIRVA Table
injury.” Stipulation at ¶ 6.
Nevertheless, on March 8, 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 $90,000.00 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.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.
2

Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
)
CHARITY FRIMPONG, )
)
Petitioner, )
) No. 20-1373V
v. ) Chief Special Master Corcoran
) ECF
SECRETARY OF HEALTH AND )
HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Charity Frirnpong, petitioner, filed a petition for vaccine compensation wider 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 is a vaccine contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received the flu vaccine on November 6, 2017.
3. The vaccination was administered within the United States.
4. Petitioner alleges that she sustained a Shoulder Injury Related to Vaccine
Administration as defined in the Table; she further alleges that the flu vaccine caused her alleged
shoulder injury, and that she suffered the residual effects of her alleged 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 res uh of her condition.

Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 Page 4 of 7
6. Respondent denies that the flu vaccine caused petitioner to suffer a right shoulder
injury or any other injury or her current condition, and denies that petitioner sustained a SIRVA
Table 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-2l(a)(l), the SecretaryofHealth and Human Services will issue
the following vaccine compensation payment:
A lump sum of $90,000.00 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 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-2l(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-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.
2

Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 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-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 her
individua 1 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-l O 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 November 6, 2017 as
alleged by petitioner in a petition for vaccine compensation filed on or about October 13, 2020,
amended on February 18, 2022, in the United States Court of Federal Claims as petition No. 20-
1373V.1
1 The petition filed on October 13, 2020 mistakenly alleges that the subject vaccine was
administered on October 15, 2017. Petition at 1. On February 18, 2022, petitioner filed an
3

Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 Page 6 of 7
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.
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 or significantly aggravated
petitioner's alleged shoulder injury, or any other injury or her current condition.
I 8. 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
amended petition, correcting the vaccination administration date to properly reflect November 6,
2017. Amended Petition at 1; ECF No. 50.
4

Case 1:20-vv-01373-UNJ Document 64 Filed 04/08/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
CHARI&
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~,J,u~\4..-~ ~
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0 I 46
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FO
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
~s.1fl~~
George R. Grimes -
DigitallysignedbyGeorgeR.
Grimes-514
S1 4 Date: 2022.02.25 09:25:09 •05'00' ½ ~&¾1\.J"\ {_ {-?~
CDR GEORGE REED GRIMES, MD, MPH KIMBERLY S. DA VEY
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch, Civil Division
Health Systems Bureau U.S. Department of Justice
Health Resources and Services P.O. Box 146
Administration Benjamin Franklin Station
U.S. Department of Health Washington, DC 20044-0146
and Human Services (202) 307-1815
5600 Fishers Lane, 08N 146B k.imberly.davey@usdoj.gov
Rockville, MD 20857
l2'fl.:?.
Dated: 03 /oB
5