VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00125 Package ID: USCOURTS-cofc-1_21-vv-00125 Petitioner: Julia Edwards Filed: 2021-01-06 Decided: 2024-01-02 Vaccine: influenza Vaccination date: 2018-10-30 Condition: left shoulder injuries related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 12500 AI-assisted case summary: Julia Edwards filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on October 30, 2018. She stated that the vaccine was administered in the United States, her symptoms lasted for more than six months, and she had not filed any other action or received compensation for her injury. The respondent, the Secretary of Health and Human Services, denied that Ms. Edwards sustained a shoulder injury or any other injury, and denied that her condition was a sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms. Edwards a lump sum of $12,500.00. This amount represents compensation for all items of damages available under the Vaccine Act. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The parties agreed to settle the case, and the court approved the settlement amount. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00125-0 Date issued/filed: 2024-01-02 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 11/28/2023) regarding 36 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 1 of 8 (cid:36)(cid:48)(cid:51)(cid:51)(cid:38)(cid:36)(cid:53)(cid:38)(cid:37) In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-125V JULIA EDWARDS, Chief Special Master Corcoran Petitioner, Filed: November 28, 2023 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner. Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2021, Julia Edwards filed a petition2 for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.3 (the “Vaccine Act”).Petitioner alleges that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from the influenza (flu) vaccination she received on October 30, 2018. Amended Petition at 1; Stipulation at ¶¶ 1-2. Petitioner further alleges that the vaccine was administered within the United States, her symptoms lasted 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 1-2; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner sustained a shoulder 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. 2Petitioner filed an Amended Petition on July 13, 2021. SeeECF No. 10. 3National 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 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 2 of 8 injury, or any other injury; and denies that her current condition is a sequelae of a vaccine- related injury.” Stipulation at ¶ 6. Nevertheless, on November 28, 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 $12,500.00 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 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 3 of 8 Vinesign Document ID: 037C54A9-178B-4584-A101-3E2842A2422A IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS JULIA EDWARDS, Petitioner, No. 21-12SV v. Chief Special Master Corcoran SPU SECRETARY OF HEALTH AND HUMAN SERVJCES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Julia Edwards ("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 an injury allegedly related to petitioner's receipt of an influenza ("flu") vaccine, which is contained in the Vaccine Injury Table (the 'Vfable"), 42 C.F.R. § 100.3(a). 2. On October 30, 2018, petitioner received a flu vaccine. 3. The vaccine was administered in 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 experienced the residual effects oft his condition for more than six months. 5. Petitioner represents that there has been no prior award or settlement of a civil action for damages as a result of her alleged condition. 6. Respondent denies that petitioner sustained a shoulder injury as defined in the Vaccine Injury Table; denies that the vaccine caused petitioner's alleged shoulder injury, or any l of5 The signed document can be validated at https://app.vinesign.comNerify Case 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 4 of 8 other injury; 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 shaJJ be settled and that a decision should be entered awarding the compensatjon 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-2l(a)(l)t the Secretary ofH ealth and Human Services will issue vaccine compensation payment: a lump sum of $12,SOO.OO in the fonn of a check payable to petitioner. This amowit represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(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. I 0. Petitioner and her attorney represent that they have identified to respondent all known sources of payment for items or services for which the Program is not primarily liable under 42 U.S.C. § 300aa-1 S(g), including 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 entities that provide health services on a pre-paid basis. 11. Payment made pursuant to paragraph 8 oft his Stipulation, and any amount awarded pursuant to paragraph 9, 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 2of5 Case 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 5 of 8 award for attorneys' fees and litigation costs, and past unreimbwsed expenses, the money provided pursuant to this Stipulation will be used solely for the benefit of petitioner as contempJated by a strict construction of 42 U.S.C. § 300aa-J5(a) and (d). and subject to the conditions of 42 U.S.C. § 300aa-1S(g) and (h). 13. In return for the payments described in paragraph 8, and any amount awarded pursuant to paragraph 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, 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-lO 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 aJleged to have resulted from the vaccine administered on October 30, 2018, as alleged in a Petition filed on January 6, 2021, in the United States Court of Federal Claims as petition No. 21-l25V. J4 . If petitioner should die prior to entry ofj udgment, this agreement shall be voidable upon proper notice to the Court on behalf ofe ither or both oft he parties. 15. If the special master fails to issue a decision in complete conformity with the terms oft his Stipulation or if the United States Court of Federal Claims fails to enter judgment in conformity with a decision that is in complete conformity with the tenns oft his Stipulation, then the parties' settlement and this Stipulation shaU be voidable at the sore discretion ofe ither party. l 6. 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 3of5 Case 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 6 of 8 as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or 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 oft he 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 ofc ompensation 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 ofH ealth and Human Services that the flu vaccine caused petitioner's alleged shoulder injury, or any other injury or her current condition. 18. All rights and obligations of petitioner shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4ofS Case 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 7 of 8 Respectfully submitted, PETITIONER: JULIA EDWARDS ATIORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE PETITIONER: . . , J OF THE ATIORNEY GENERAL: Maxi'(Ylt I lian.. /Vl\lflU'- &r,J µcc.vii~~ r.11... Me ~~Q4 !.M~ L BRIOOET MCC LOUGH HEATHER L. PEARLMAN MULLER BRAZIL. LLP Deputy Director 715 Twining Rd, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S. Department of Justice bridget@myvaccinelawyer.com P.O.Box 146 Benjamin Franklin Station Washington, OC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OFTHESECRETARYOFHEALTB RESPONDENT: AND HUMAN SERVICES: ~.:z:t• Henry P. 11•>'Hevf,. by Mcmillan -ss ~ll>u.au,"6:S4:19 JtitJAM. CDR GEORGE REED GRIMES, MD, MPH COLLISON Director, Division oflnjury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S. Department ofJ ustice Administration P.O.Box 146 U.S. Department of Health Benjamin Franklin Station and Human Services Washington, OC 20044-0146 5600 Fishers Lane, 08W-25A (202) 305-0102 Rockville, MD 20857 julia.collison@usdoj.gov Dated: \ \ /)..% /4 { f I son Case 1:21-vv-00125-UNJ Document 40 Filed 01/02/24 Page 8 of 8 Vlnealgn ~ Verification Complete : 11!.M,ly<,v.i,enl ,W!. ..,.,i,:t;;., cl!•t.t,,lly ~c.11 t ... OotUl'ftlftt SllltUI ._, Signed • Verffled Oocvmlftt Nan,. 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