VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01742 Package ID: USCOURTS-cofc-1_20-vv-01742 Petitioner: Pamela Cavanagh Filed: 2020-12-04 Decided: 2025-05-09 Vaccine: influenza Vaccination date: 2018-09-13 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 62000 AI-assisted case summary: On December 4, 2020, Pamela Cavanagh filed a petition alleging SIRVA after an influenza vaccination administered on September 13, 2018. On March 19, 2024, the caption was amended to substitute Peter Cavanagh, administrator of Pamela Cavanagh's estate, as petitioner. Respondent denied Table injury and causation. The public stipulation does not describe Ms. Cavanagh's first symptoms, treatment, imaging, or expert evidence. The parties later stipulated to compensation. Chief Special Master Corcoran adopted the stipulation on May 9, 2025 and awarded $62,000.00 as a lump sum through counsel. The award resolved all Vaccine Act damages available in the case. Theory of causation field: Adult petitioner; influenza vaccine September 13, 2018; alleged SIRVA. COMPENSATED by stipulation after Peter Cavanagh was substituted as administrator of Pamela Cavanagh's estate. Respondent denied Table injury and causation; public text lacks detailed clinical chronology. Decision May 9, 2025. Award $62,000.00 lump sum. Petition filed December 4, 2020. Counsel: Ronald Craig Homer. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01742-0 Date issued/filed: 2025-06-10 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 05/09/2025) regarding 74 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (cr) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01742-UNJ Document 78 Filed 06/10/25 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1742V PETER CAVANAGH, as administrator Chief Special Master Corcoran of the ESTATE OF PAMELA CAVANAGH, Filed: May 9, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 4, 2020, Pamela Cavanagh filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). On March 19, 2024, I issued an Order amending the caption to substitute Peter Cavanagh, in his capacity as administrator of the Estate of Pamela Cavanagh, as Petitioner. ECF No. 50. Petitioner alleges that Ms. Cavanagh suffered shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination she received on September 13, 2018. Amended Petition at ¶ 1; Stipulation, filed at May 8, 2025, ¶¶ 2, 4. Petitioner further alleges that Ms. Cavanagh suffered from her SIRVA injury for longer than six months. Stipulation at ¶ 4. “Respondent denies that Mrs. Cavanagh sustained a SIRVA Table injury; denies that the vaccine caused her alleged shoulder injury, or any other injury; and denies that her death is a sequela of a vaccine- related injury.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Case 1:20-vv-01742-UNJ Document 78 Filed 06/10/25 Page 2 of 7 Nevertheless, on May 8, 2025, 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 $62,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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-01742-UNJ Document 78 Filed 06/10/25 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PETER CAVANAGH, as administrator of the Estate of PAMELA CAVANAGH, Petitioner, No. 20-1742V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. On December 3, 2020, petitioner filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the “Program”). The petition seeks compensation for an injury allegedly related to Pamela Cavanagh’s receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table, 42 C.F.R. § 100.3(a) (the “Table”). 2. Mrs. Cavanagh received a flu vaccine on September 13, 2018.1 3. The vaccine was administered within the United States. 4. Petitioner alleges that Mrs. Cavanagh suffered a left-sided SIRVA as a result of her vaccination. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. 1 Unrelated to Mrs. Cavanagh’s vaccine-injury claim, she died on September 16, 2021. On November 15, 2024, Peter Cavanagh filed an Amended Petition substituting himself as petitioner in his capacity as Administrator of the Estate of Pamela Cavanagh. Case 1:20-vv-01742-UNJ Document 78 Filed 06/10/25 Page 4 of 7 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of Mrs. Cavanagh’s alleged injury. 6. Respondent denies that Mrs. Cavanagh sustained a SIRVA Table injury; denies that the vaccine caused her alleged shoulder injury, or any other injury; and denies that her death 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 eight 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $62,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement 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)(1), 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 his attorney represent that the 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 2 Case 1:20-vv-01742-UNJ Document 78 Filed 06/10/25 Page 5 of 7 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. Payment made pursuant to paragraph eight and any amounts awarded pursuant to paragraph nine 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, 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 compensation described in paragraphs eight and nine, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors, or assigns, does forever and 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-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, the flu vaccination administered on September 13, 2018, as alleged in a petition for vaccine compensation filed on or about December 3, 2020, and as amended on November 15, 2024, in the United States Court of Federal Claims as petition No. 20-1742V. 3 Case 1:20-vv-01742-UNJ Document 78 Filed 06/10/25 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 Chief 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, expect as otherwise noted in paragraph nine 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 Mrs. Cavanagh’s alleged shoulder injury or any other injury or her death, or that she 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 4 Case 1:20-vv-01742-UNJ Document 78 Filed 06/10/25 Page 7 of 7 Respectfully submitted, ,. PETER CAVANAGH .,/ .-· ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIOcNE.R : OF THE ATTORNEY GENERAL: 't:>tj ~ t1(N)U/,[ ~~'\1-- ~Md. G~llJJ) ~~ le ~3. \ Cc )CZ) QevJ...UIV\.__ RONALD C. HOMER HEATHER L. PEARLMAN Conway Homer, P.C. Deputy Director 16 Shawmut Street Torts Branch Boston, MA 02116 Civil Division Telephone: (617) 695-1990 U.S. Department of Justice rhomer@ccandh.com P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 AUfflORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: Jeffrey S. ~~~~ Beach -S ;.2025.ow for 0'1:to.34 CAPT GEORGE REED GRIMES. MD, MPH Director, Division of Injury Compensation Pro,vains Health Systems Bureau Ci ·1 Division Health,R-;sources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department ofHdlth Benjamin Franklin Station and Human Services Washington, D.C. 20044-0146 5600 Fishers Lane, 08W-25A (202) 616-0515 Rockville, MD 20857 joseph.1eavitt@usdoj.gov Dated: May 8, 2025 I I ================================================================================ DOCUMENT 2: USCOURTS-cofc-1_20-vv-01742-cl-extra-11068338 Date issued/filed: 2025-06-10 Pages: 1 Docket text: Supplementary opinion from CourtListener cluster 10601750 -------------------------------------------------------------------------------- In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1742V PETER CAVANAGH, as administrator Chief Special Master Corcoran of the ESTATE OF PAMELA CAVANAGH, Filed: May 9, 2025 Petitioner, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner. Joseph Douglas Leavitt, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION 1 On December 4, 2020, Pamela Cavanagh filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). On March 19, 2024, I issued an Order amending the caption to substitute Peter Cavanagh, in his capacity as administrator of the Estate of Pamela Cavanagh, as Petitioner. ECF No. 50. Petitioner alleges that Ms. Cavanagh suffered shoulder injury related to vaccine administration (“SIRVA”) following an influenza vaccination she received on September 13, 2018. Amended Petition at ¶ 1; Stipulation, filed at May 8, 2025, ¶¶ 2, 4. Petitioner further alleges that Ms. Cavanagh suffered from her SIRVA injury for longer than six months. Stipulation at ¶ 4. “Respondent denies that Mrs. Cavanagh sustained a SIRVA Table injury; denies that the vaccine caused her alleged shoulder injury, or any other injury; and denies that her death is a sequela of a vaccine- related injury.” Stipulation at ¶ 6. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (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 (2018). Nevertheless, on May 8, 2025, 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 $62,000.00, to be paid through an ACH deposit to Petitioner’s counsel’s IOLTA account for prompt disbursement 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 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS PETER CAVANAGH, as administrator of the Estate of PAMELA CAVANAGH, Petitioner, No. 20-1742V (ECF) v. Chief Special Master Corcoran SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. On December 3, 2020, petitioner filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to -34 (the “Program”). The petition seeks compensation for an injury allegedly related to Pamela Cavanagh’s receipt of the influenza (“flu”) vaccine, which vaccine is contained in the Vaccine Injury Table, 42 C.F.R. § 100.3(a) (the “Table”). 2. Mrs. Cavanagh received a flu vaccine on September 13, 2018.1 3. The vaccine was administered within the United States. 4. Petitioner alleges that Mrs. Cavanagh suffered a left-sided SIRVA as a result of her vaccination. Petitioner further alleges that she experienced the residual effects of this injury for more than six months. 1 Unrelated to Mrs. Cavanagh’s vaccine-injury claim, she died on September 16, 2021. On November 15, 2024, Peter Cavanagh filed an Amended Petition substituting himself as petitioner in his capacity as Administrator of the Estate of Pamela Cavanagh. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of Mrs. Cavanagh’s alleged injury. 6. Respondent denies that Mrs. Cavanagh sustained a SIRVA Table injury; denies that the vaccine caused her alleged shoulder injury, or any other injury; and denies that her death 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 eight 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)(1), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum payment of $62,000.00 to be paid through an ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement 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)(1), 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 his attorney represent that the 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 2 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. Payment made pursuant to paragraph eight and any amounts awarded pursuant to paragraph nine 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, 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 compensation described in paragraphs eight and nine, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors, or assigns, does forever and 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-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, the flu vaccination administered on September 13, 2018, as alleged in a petition for vaccine compensation filed on or about December 3, 2020, and as amended on November 15, 2024, in the United States Court of Federal Claims as petition No. 20-1742V. 3 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 Chief 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, expect as otherwise noted in paragraph nine 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 Mrs. Cavanagh’s alleged shoulder injury or any other injury or her death, or that she 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 4 Respectfully submitted, ,. PETER CAVANAGH .,/ .-· ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ c. t1(N)U/,[ 't:>tj ~ M d . G~llJJ) ~~ le ~3. \ Cc )CZ) ~~'\1-- QevJ...UIV\.__ RONALD C. HOMER HEATHER L. PEARLMAN Conway Homer, P.C. Deputy Director 16 Shawmut Street Torts Branch Boston, MA 02116 Civil Division Telephone: (617) 695-1990 U.S. Department of Justice rhomer@ccandh.com P.O. Box 146 Benjamin Franklin Station Washington, D .C. 20044-0146 AUfflORIZED REPRESENTATIVE OF ATTORNEY OF RECORD FOR THE SECRETARY OF HEALTH AND RESPONDENT: HUMAN SERVICES: Jeffrey S. ~~~~ Beach -S ;.2025.ow 0'1:to.34 for CAPT GEORGE REED GRIMES. MD, MPH Director, Division of Injury Compensation Pro,vains Health Systems Bureau Ci ·1 Division Health,R-;sources and Services U.S. Department of Justice Administration P.O. Box 146 U.S. Department ofHdlth Benjamin Franklin Station and Human Services Washington, D.C. 20044-0146 5600 Fishers Lane, 08W-25A (202) 616-0515 Rockville, MD 20857 joseph.1eavitt@usdoj.gov Dated: May 8, 2025 I I