VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01863
Package ID: USCOURTS-cofc-1_20-vv-01863
Petitioner: Carol Powley
Filed: 2020-12-15
Decided: 2022-07-25
Vaccine: influenza
Vaccination date: 2018-11-06
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 25000

AI-assisted case summary:
On December 15, 2020, Carol Powley filed a Vaccine Program petition after receiving an influenza vaccine in her left arm on November 6, 2018. She alleged that the vaccination caused a shoulder injury related to vaccine administration, or SIRVA, within the Table time period, and that her symptoms continued for more than six months.

The public decision was entered on a joint stipulation and contains limited clinical detail. It identifies the vaccine, arm, date, alleged SIRVA, and six-month duration allegation, but it does not describe onset, medical visits, imaging, treatment, or expert review. Respondent denied that Powley sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

The parties filed a joint stipulation on July 21, 2022. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it on July 25, 2022. Powley was awarded a lump sum of $25,000.00, payable to her, representing all damages available under section 15(a). She was represented by John Robert Howie of Howie Law, PC.

Theory of causation field:
Influenza vaccine in left arm (November 6, 2018) alleged to cause SIRVA with symptoms continuing more than six months. COMPENSATED by joint stipulation. Respondent denied Table SIRVA, denied vaccine causation for the shoulder injury or any other injury, and denied current condition as vaccine-related sequela; public stipulation provides limited clinical facts. Chief Special Master Brian H. Corcoran adopted the stipulation on July 25, 2022. Award: $25,000.00 lump sum payable to Carol Powley. Attorney: John Robert Howie, Howie Law, PC, Dallas, TX.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-01863-0
Date issued/filed: 2022-09-09
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 07/25/2022) regarding 33 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (nh) Service on parties made.
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Case 1:20-vv-01863-UNJ Document 43 Filed 09/09/22 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-1863V
UNPUBLISHED
CAROL POWLEY, Chief Special Master Corcoran
Petitioner, Filed: July 25, 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)
John Robert Howie, Howie Law, PC, Dallas, TX, for Petitioner.
Joseph Adam Lewis, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On December 15, 2020, Carol Powley 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 shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza vaccine received on November 6,
2018 in her left arm. Petition at 1; Stipulation, filed July 21, 2022, at ¶¶ 2-4. Petitioner
further alleges she received the vaccine in the United States, her symptoms have
continued 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 alleged injury. Petition at ¶¶ 1,
13, 14;Stipulationat¶¶3-5.“Respondent denies that petitioner sustained a SIRVA Table
injury; denies that the vaccine caused petitioner’s alleged shoulder injury or any other
injury; and denies that her current condition is a sequela of a vaccine-related injury.”
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.
2National 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-01863-UNJ Document 43 Filed 09/09/22 Page 2 of 7
Nevertheless, on July 21, 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 mydecision 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 $25,000.00 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.
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Case 1:20-vv-01863-UNJ Document 43 Filed 09/09/22 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CAROL POWLEY,
Petitioner, No. 20-1863V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The patties hereby stipulate to the following matters:
I. Carol Powley ("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. § I 00.3(a)
2. Petitioner received a flu vaccine on November 6, 2018 in her left arm.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she sustained a shoulder injwy related to vaccine administration
("SIRVA") within the time period set fmth in the Table. She fwther alleges that she experienced
the residual effects of this condition 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 alleged injwy.

Case 1:20-vv-01863-UNJ Document 43 Filed 09/09/22 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injwy or any other injw-y; and denies that her
cw-rent condition 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 8 of this Stipulation.
8. As soon as practicable after an entJ-y 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-21(a)(l), the Secreta1-yofHealth and Human Services will issue
the foJlowing vaccine compensation payment:
A lw11p swn of $25,000.00 in the form of a check payable to petitioner. This amow1t
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 patties will submit to fwther 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 W1der any State compensation programs, insw·ance policies, Federal or
State health benefits programs (other than Title XIX of the Social Security Act(42 U.S.C.
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Case 1:20-vv-01863-UNJ Document 43 Filed 09/09/22 Page 5 of 7
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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-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 attorney's fees and litigation costs, and past unreimbursable expenses, the money provided
pw·suant 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 I 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 Secreta1y 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 Cow·t 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 November 6, 2018, as
alleged in a petition for vaccine compensation filed on or about December 15, 2020, in the
United States Cow1 of Federal Claims as petition No. 20-1863V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
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Case 1:20-vv-01863-UNJ Document 43 Filed 09/09/22 Page 6 of 7
upon proper notice to the Court on behalf of either or both of the parties.
I 5. If the special master fails to issue a decision in complete conformity with the tem,s
of th.is Stipulation or if the Corut of Federal Clain1S fails to enter judgment in conformity with a
decision that is in complete conformity with the terms of th.is Stipulation, then the pa1ties'
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 fu1ther 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 fu11her, that a change in the natru·e of the injury or condition or in the
items of compensation sought, is not gr0tmds 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
Vaccjne 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-01863-UNJ Document 43 Filed 09/09/22 Page 7 of 7
Respectfully submitted,
PETITIONER:
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~~?~
HEATHER L. PEARLMAN
HO ELAW,PC Deputy Director
2608 HIBERNIA ST. Torts Branch
Dallas, TX 75204 Civil Division
214-622-6340 U.S. Department of Justice
jhowie@howielaw.net P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OF THE SECRETARY OF HEALT H RESPONDENT:
AND HUMAN SERVICES:
Digitally signed by George R.
George R. Grimes -$ 14 Grimes -S14
Date: 2022.05.19 14:29:27 --04'00' ~~-~
CDR GEORGE REED GRIMES, MD, MPH JPHA.LE 1
Director, Division of Irtjury Trial Attorney
Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
Health Resources and Services Administration U.S. Department of Justice
U. S. Department of Health and P.O. Box 146
Humans Services Benjamin Franklin Station
5600 Fishers Lane, 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 (202) 451-7495
joseph.a.lewis@usdoj.gov
1 /Jq /Z2-
Dated: -....,,1----,,.-----
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