VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00168
Package ID: USCOURTS-cofc-1_21-vv-00168
Petitioner: Sheila Evans
Filed: 2021-01-06
Decided: 2024-02-23
Vaccine: influenza
Vaccination date: 2018-10-25
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 75000

AI-assisted case summary:
Sheila Evans filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 25, 2018. She met the program's requirements, including that the vaccine was administered in the United States, her symptoms lasted longer than six months, and she had not filed a civil action or received other compensation. Respondent denied that Ms. Evans sustained a shoulder injury or any other injury caused by the vaccine. Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Ms. Evans a lump sum of $75,000.00 for all items of damages. This amount represents compensation for her SIRVA, which is a Table injury. The decision was issued on February 23, 2024, following the petition filed on January 6, 2021.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00168-0
Date issued/filed: 2024-02-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/23/2024) regarding 39 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-168V
SHEILA EVANS, Chief Special Master Corcoran
Petitioner, Filed: January 23, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Julia Marter Collison, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 6, 2021, Sheila Evans 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 subsequently filed an amended petition on March 1, 2022.
Petitioner alleges that she suffered a shoulder injury related to vaccine administration
(“SIRVA”) resulting the administration of the influenza (“flu”) vaccination received on
October 25, 2018. Amended Petition at 1; Stipulation, filed at January 11, 2024, ¶¶ 1-2.
Petitioner further alleges that the vaccine was administered within the United States, her
symptoms lasted longer than six months, and she has not filed a civil action or received
compensation in the form of an award or settlement for her vaccine-related injury.
Amended Petition at 2, 12; Stipulation at ¶¶ 3-5. “Respondent denies that [P]etitioner
sustained a shoulder injury, or any other injury; 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 “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 2 of 7
Nevertheless, on January 11, 2024, 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 $75,000.00 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 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
omcE
OF SPECIAL MASTERS
SHEJLA EVANS,
Petitioner, No. 21-168V
v. Chief Special Master Corcoran
SPU
SECRETARY OF HEAL TH ANO
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Shella Evans (''petitioner") filed a petition for vaccine compensation under the
National Vaccine Injwy Compensation Program, 42 U.S.C. § 300aa-l Oto 34 (the "Vaccine
Program"). The petition seeks compensation for an injury allegedly related to petitioners receipt
of an influema ("flu") vaccine, which is contained in the Vaccine Injury Table (the "Tabloj, 42
C.F.R. § 100.3(a).
2. On October 25, 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 funher 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 or 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
I ofS

Case 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 4 of 7
other injury~ and denies that her current condition is a sequelae of a vaccine-related injmy.
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 has flied an election to receive compensation
pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue
vaccine compensation payment: a lump sum of$ 75,000.00 in the form of a check payable to
petidoner. This amount represent compensation for all damages that would be available under 42
U.S.C. § 300aa-lS(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-21(a)(l) and an application, tho parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incmred in proceeding upon this
petition.
10. 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-1S(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 of this Stipulation, and any amount
awarded pursuant to paragyaph 9, will be made in accordance with 42 U.S.C. § 300aa-1 S(i),
subject to the avaiiaoiiity of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that. except for any
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Case 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 5 of 7
award for attorneys• fees and litigation costs, and past unreimbursed 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-lS(a) and (d), and subject to the
conditions of4 2 U.S.C. § 300aa.•IS(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
loss of services, expenses and all demands ofw hatever 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-l0 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 ofp etitioner resulting from. or a11eged to have resulted from the vaccine
administered on October 25, 2018, as alleged in a Petition filed on Janl181Y 6, 2021, in the United
States Court of Federal Claims as petition No. 2J-168V.
14. If petitioner should die prior to entty ofj udgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
lS. Jfthe special master fails to issue a decision in complete confonnity with tho terms
of this Stipulation or if the United States Court of Federal Claims fails to enter judgment in
confonnity with a decision that is in complete confomuty with the terms of this Stipulation, then
the parties' settlement and this Stipulation shalt 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
3ofS

Case 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 6 of 7
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 funher 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 petitioner·s aiieged shouider
injury, or any other injury or her current condition.
18. All rights and obligations of petitioner shall apply equally to petitioner's heirs,
executots. administrators, successors, and/or assigns.
END OF STIPULA1 10N
4ofS

Case 1:21-vv-00168-UNJ Document 43 Filed 02/23/24 Page 7 of 7
Respectfully submitted,
PETITIONER:
A1TORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIOi\TER: OF TJ.J.~ AITO~"'7~ CE1'"ERAL:
HBA1 rrER L. PEARLMAN
Jefftey S. Pop & Associates Deputy Director
9150 Wilshire Blvd. Suite 241 Torts Branch
Beverly Hills, CA 90212 Civil Division
(310) 273-5462 U.S. Department of Justice
jpop@poplawyeT.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPUSENTATIVE ATTORNEYOFRECORDFOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
GeorgeR. Oltllllttlftntdlly6""t~
GIIIIICl-514 l/!t( t_t-/2,~
Grimes-S14 o.at ;JOZl.1 "619:$$:JI -G5'00'
J14tIA
CDR GEORGE REED GRIMES, MD, MPH M. COLLISON
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resoutces and Services U.S. Department Justice
(If
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08W-2SA (202) 305-0102
Rockville, MD 20857 julia.collison@usdoj.gov
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Dated: __, r
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