VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01879 Package ID: USCOURTS-cofc-1_20-vv-01879 Petitioner: Bridget Strobl Filed: 2020-12-16 Decided: 2023-07-03 Vaccine: Tdap Vaccination date: 2018-09-24 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 39511 AI-assisted case summary: Bridget Strobl filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from a Tdap vaccination received on September 24, 2018. Respondent denied that the vaccine caused her injury. The parties filed a joint stipulation on May 30, 2023, agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision awarding damages. Bridget Strobl was awarded $35,000.00 as a lump sum payment and $4,511.75 to satisfy a Medicaid lien, for a total of $39,511.75. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties agreed that the Tdap vaccine is contained in the Vaccine Injury Table and that the petitioner's alleged injury, SIRVA, is also on the Table. The stipulation also addressed attorneys' fees and costs, and released the United States from further claims related to this vaccination. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01879-0 Date issued/filed: 2023-07-03 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 05/30/2023) regarding 39 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1879V UNPUBLISHED BRIDGET STROBL, Chief Special Master Corcoran Petitioner, Filed: May 30, 2023 v. Special Processing Unit (SPU); Joint SECRETARY OF HEALTH AND Stipulation on Damages; Tetanus HUMAN SERVICES, Diphtheria acellular Pertussis (Tdap) Vaccine; Shoulder Injury Related to Respondent. Vaccine Administration (SIRVA) Laura Levenberg, Muller Brazil, LLP, Dresher, PA, for Petitioner. Madelyn Weeks, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 16, 2020, Bridget Strobl 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 resulting from the tetanus diphtheria acellular pertussis (Tdap) vaccination received on September 24, 2018. Petition at 1, 3; Stipulation, filed at May 30, 2023, ¶¶ 1- 2. Petitioner further alleges the vaccination was administered within the United States, her symptoms persisted for more than six months, and neither she, nor any other party, has ever filed any action or received compensation in the form of an award or settlement for her vaccine-related injury. Petition at 1, 3; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused [P]etitioner’s alleged shoulder injury or any other injury or condition; and denies that her current condition is a sequelae 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 (2012). Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 2 of 8 Nevertheless, on May 30, 2023, 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: 1. A lump sum of $35,000.00 in the form of a check payable to Petitioner, Bridget Strobl. 2. A lump sum payment of $4,511.75, representing compensation for satisfaction of a Medicaid lien, payable jointly to Petitioner and Department of Health Care Services, and mailed to: Department of Health Care Services Recovery Branch – MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Account No.: C93072064G-VAC 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-01879-UNJ Document 43 Filed 07/03/23 Page 3 of 8 THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS BRIDGET STROBL, Petitioner, V. No. 20-1879V Chief Special Master Brian H. Corcoran SECRETARY OF HEALTH AND ECF HUMAN SERVICES, Respondent. STIP\JLAIIQN The parties hereby stipulate to the following matters: 1. 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 a tetanus diphtheria-acellular pertussis ("Tdap") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § 100.3 (a). 2. Petitioner received a Tdap vaccine on September 24, 2018. 3. The vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") within the time period set forth in the Table. She further alleges that she has experienced 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 injury. Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the Tdap vaccine caused petitioner's alleged shoulder injury or any other injury or condition; and denies that her current condition is a sequelae 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 entry ofj udgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner bas filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payments: A. A lump sum of $35,000.00 in the form of a check payable to petitioner; and B. A lump sum ofS4,511.75,1 representing reimbursement ofa Medicaid lien for services rendered to petitioner by the State of California, in the fonn of a check payable jointly to petitioner and the Department ofH ealth Care Services: Department of Health Care Services Recovery Branch - MS 4720 P.O. Box 997421 Sacramento, CA 95899-7421 Account No. C93072064G-V AC Petitioner agrees to endorse this check to the Division of Health Benefits. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a). 1 This amount represents full satisfaction of any right of subrogation, assignment, claim, lien, or cause of action the State of California may have against any individual as a result of any Medicaid payments the Department of Health Care Services has made to or on behalf of Bridget Strobl as a result of her alleged vaccine-related injury suffered on or about September 24, 2018, under Title XIX of the Social Security Act, see 42 U.S.C. § 300aa-15(g), (h). 2 Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 5 of 8 9. As soon as practicable after the entry ofj udgment 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. § JOOaa-2 l(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. l 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- IS(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. 11. Payments made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this StipuJation will be made in accordance with 42 U.S.C. § 300aa-1S(i), subject to the availability ofs ufficient 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 unreimbursable 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-1S(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 aJI actions or causes of action 3 Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 6 of 8 (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 CJaims, under the National Vaccine Injury Compensation Program. 42 U.S.C. § 300aa-l Oe t seq., on accowit 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, a Tdap vaccination administered on September 24, 2018, as alleged by petitioner in a petition for vaccine compensation filed on or about December 16, 2020, in the United States Court of Federal Claims as petition No. 20-1879V. 14. If petitioner should die prior to entry ofj udgment, 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 confonnity with the terms ofthis 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 4 Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 7 of 8 17. This Stipulation shall not be construed as an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a SIRVA Table injury; that the Tdap vaccine caused any other injury; or that her current condition is a sequelae of a vaccine related injury. 18. AIJ rights and obligations ofp etitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 5 Case 1:20-vv-01879-UNJ Document 43 Filed 07/03/23 Page 8 of 8 Respectfully submitted, PETmONER: ~~ts~ BRIDGET STROBL AITORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER: OF TIIE ATTORNEY GENERAL: / v w ~ ,~\$. ~1~ LAURA LEVENBERG HEATHER L. PEARL Muller Brazil, LLP Deputy Director 715 Twinning Road, Suite 208 Torts Branch, Civil Division Dresher, PA 19025 U.S. Department of Justice (215) 885-1655 P.O. Box 146 laura@myvaccinelawyer.com Benjamin Franklin Station Washington, DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALm RESPONDENT: AND HUMAN SERVICES: p Henry Dlgl~$191M!db¥Henry ll(IAdJitriWIA • "· Memllla" .SJ by Mcmillan -S3 ~ 2023 2 .oS.ia,2:07:3 CDR GEORGE REED GRIMES, MD, MPH MADELYN/!,. WEEKS Director, Division oflnjury 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 and Washington, DC 20044-0146 Human Services (202) 305-3262 5600 Fishers Lane, 08N l 46B madelyn.e. weeks@usdoj.gov Rockville, MD 208S7 6