VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01996 Package ID: USCOURTS-cofc-1_20-vv-01996 Petitioner: Mhyrynde Noa Filed: 2020-12-28 Decided: 2023-10-27 Vaccine: influenza Vaccination date: 2020-01-15 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 52000 AI-assisted case summary: Mhyrynde Noa filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on January 15, 2020. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury, and denied that the petitioner's current condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on September 26, 2023, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision. Mhyrynde Noa was awarded a lump sum of $52,000.00 as compensation for all damages, representing a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The public decision does not detail the specific dose number, time to onset, or provide information regarding petitioner counsel Paul R. Brazil or respondent counsel Camille Jordan Webster, beyond their participation in the stipulation. Theory of causation field: Petitioner Mhyrynde Noa alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on January 15, 2020. The injury was alleged to be a Table injury, with residual effects lasting more than six months. Respondent denied the SIRVA Table injury, causation, and sequela. The parties reached a joint stipulation to settle the case, agreeing to an award of $52,000.00. This award represents a compromise of liability and damages. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The case was settled via stipulation, approved by Chief Special Master Brian H. Corcoran on October 27, 2023, with petitioner counsel Paul R. Brazil and respondent counsel Camille Jordan Webster involved in the stipulation. The award is a lump sum of $52,000.00. Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_20-vv-01996-0 Date issued/filed: 2023-10-27 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 09/26/2023) regarding 46 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:20-vv-01996-UNJ Document 50 Filed 10/27/23 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 20-1996V MHYRYNDE NOA, Chief Special Master Corcoran Petitioner, Filed: September 26, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Paul R. Brazil, Muller Brazil, LLP, Dresher, PA, for Petitioner. Camille Jordan Webster, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On December 28, 2020, Mhyrynde Noafiled 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 shoulder injury related to vaccine administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on January 15, 2020. Petition at 1; Stipulation, filed September 26, 2023, at ¶¶ 2-4. Petitioner further alleges that the vaccine was received in the United States, her symptoms persisted for more than six months, and neither Petitioner, nor any other party, has ever filed any action or received compensation in the form of an award or settlement, for Petitioner’s vaccine- related injury. Petition at ¶¶ 1, 5-7; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner’s alleged SIRVA, or any other injury; and denies that petitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at ¶ 6. 1Because 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. 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 (2018). Case 1:20-vv-01996-UNJ Document 50 Filed 10/27/23 Page 2 of 8 Nevertheless, on September 26, 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: A lump sum of $52,000.00 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-01996-UNJ Document 50 Filed 10/27/23 Page 3 of 8 Vineslgn Document ID: 9DC31 DC3-8B25-4E1 B..a92A~DBB90235E2E8 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS MHYRYNDE NO~ Petitioner, v. No. 20-l 996V Chief Special Master Corcoran SECRETARY OF HEALTII AND ECF HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: I. Mhyrynde Noa ("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 influenu ("flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table''). 42 C.F.R. § 100.J(a). 2. Petitioner received a flu vaccination on January 15, 2020. 3. The flu vaccine was administered within the United States. 4. Petitioner alleges that she sustained a Table shoulder injury related to vaccine administration (''SIRVA") within the time period set forth in the Table following administration of the vaccine. Petitioner further alleges that she experienced the residual effects of this condition for more than six months. S. 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 condition. The signed document can be validated at https://app.vlneslgn.comNerify Case 1:20-vv-01996-UNJ Document 50 Filed 10/27/23 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu vaccine caused petitioner's alleged SIRVA, or any other injury; and denies that petitioner's current condition is a sequeJa of a vaccine--related injury. 7. Maintaining their above-stated positions, the parties nevertheless now agree that the issues between them shall be sett1ed 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 has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 J( a X 1) , the Secretary of Health and Human Services will issue the foJlowing vaccine compensation payment: a lump sum of 552,000.00, 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-J5(a). 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. § 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. J0 . Petitioner and her attorney represent that compensation to be provided pursuant to this StipuJation 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-01996-UNJ Document 50 Filed 10/27/23 Page 5 of 8 11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in acc.ordance 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 unreimbursable expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a strict construction of4 2 U.S.C. § 300aa-15(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-15(g) and (h). 13. ln 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 all actions or causes of action (including agreements, judgments. claims. damages. Joss 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, flu vaccination administered on January 15, 2020, as alleged by petitioner in a petition for vaccine compensation filed on or about December 28, 2020, in the United States Court of Federal Claims as petition No. 20-1996V. 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. 3 Case 1:20-vv-01996-UNJ Document 50 Filed 10/27/23 Page 6 of 8 15. If the special master fails to issue a decision in complete confonnity 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 confonnity with the tenns oft his 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 Jiability 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 shaH 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 SIRVA or any other injury or petitioner's current condition, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations ofp etitioner hereunder shall apply equally to petitioner's heirs. executors, administrators, successors. and/or assigns. END OF STIPULATION 4 Case 1:20-vv-01996-UNJ Document 50 Filed 10/27/23 Page 7 of 8 Respectfully submitted, PETITIONER: MHYRYNDE NOA AITORNEYOFRECORDFOR AUfHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ = ~~J'ru_~.J. AA~ MULLER BRAZIL Deputy Director 715 TwiMing Ro~ Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice paul@myvaccinelawyer.com P.O.Box 146 Benjamin Franklin Station Washington, DC 20044-0146 AtJmORIZED REPRESENTATIVE A'ITORNEYOFRECORDFOR OF THE SECRETARY OF HEAL1H RESPONDENT: AND HUMAN SERVICES: George R. Grimes D1g1t.111yS1gnedbyGeorgeR. Grlmes ·S14 -S 14 0att: 20n09.oa 16:S1:04-o4'10C~77AfADIC02008'MCBOfll38E4~MI0274f'8tll>M129A ""'-"""P 09t.l0f.202317:38 UTC • 09/20f2023 17:37 Viewed by Mhyrynde No• (mhyryn@lldoud.com) UTC D0