VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00226 Package ID: USCOURTS-cofc-1_21-vv-00226 Petitioner: Kimberly K Vogleman Filed: 2021-01-07 Decided: 2024-11-08 Vaccine: influenza Vaccination date: 2019-09-20 Condition: shoulder injury related to vaccine administration (SIRVA) Outcome: compensated Award amount USD: 30000 AI-assisted case summary: Kimberly K. Vogleman filed a petition for vaccine compensation on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 20, 2019. She claimed the injury occurred within the time period set forth in the Vaccine Injury Table and that she experienced residual effects for more than six months. Respondent denied that Ms. Vogleman sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury. Despite these differing positions, the parties filed a joint stipulation on October 4, 2024, agreeing to settle the case. The court adopted the stipulation as its decision, awarding Ms. Vogleman a lump sum of $30,000.00 as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, and the award covers all items of damages available under the Vaccine Act. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00226-0 Date issued/filed: 2024-11-08 Pages: 8 Docket text: PUBLIC DECISION (Originally filed: 10/04/2024) regarding 40 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 Page 1 of 8 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-226V KIMBERLY K VOGLEMAN, Chief Special Master Corcoran Petitioner, Filed: October 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. Amy A. Senerth, Muller Brazil, LLP, Dresher, PA, for Petitioner. Nina Ren, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 7, 2021, Kimberly K. Vogleman 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”) after receiving an influenza (“flu”) vaccination September 20, 2019. Petition at 1; Stipulation, filed at October 4, 2024, ¶¶ 2-4. Petitioner further alleges she sustained her SIRVA within the time period set forth in the Table, that she experienced the residual effects of her SIRVA for more than six months, and 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. Stipulation at ¶¶ 5-6. “Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu 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 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 (2018). Case 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 Page 2 of 8 Nevertheless, on October 4, 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 $30,000.00 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-00226-UNJ Document 44 Filed 11/08/24 Page 3 of 8 lnesfgn Document ID: EAE55126-8400-4B14-9994-8105D59A6868 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS KIMBERLY K. VOGLEMAN, Petitioner, No. 21-226V Chief Special Master Corcoran V. ECF SECRETA RY OF HEAL TH AND HUMAN SERVICES, Respondent. STIPULATION The parties hereby stipulate to the following matters: 1. Kimberly Vogleman ("petitioner") filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 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. § 100.3(a). 2. Petitioner received a flu vaccine on September 20, 2019. 3. The flu vaccine was administered within the United States. 4. Petitioner alleges that she sustained a shoulder injury related to vaccine administration ("SIRVA") following receipt of the flu vaccine within the time period set forth in the Table. She further 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 injury. he signed document can be validated at https://app.vinesign.comNerify Case 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 Page 4 of 8 6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu 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. 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 terms of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-21(a)(l), the Secretary of Health and Human Services will issue the following vaccine compensation payment for all damages that would be available under 42 U.S.C. § 300aa-15(a): A lump sum of $30,000.00 in the fonn of a check payable to petitioner. 9. As soon as practicable after the entzy ofj udgment on entitlement in this case, and after petitioner ~ filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-21(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-l 5(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 oft he Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 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 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 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C. § 300aa-l S(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 Hwnan Services from any and all actions or causes of action (including agreements, judgments, claims, damages, loss ofs ervices, expenses and all demands of whatever kind or nature) that have been brought, could have been brough~ or could be timely brought in the Court of Federal Claims, under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa• l 0 et seq., on account of, or in any way growing out of, any and aJI known or unknown, suspected or WlSuspected personal injuries to or death of petitioner resu1ting from, or alleged to have resulted from, the flu vaccination administered on September 20, 2019, as alleged in a petition for vaccine compensation filed on or about January 7, 2021, in the United States Court of Federal Claims as petition No. 21-226V. 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 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 Page 6 of 8 15. If the special master fails to issue a decision in complete confonnity with the tenns of this Stipulation or if the Court of Federal Claims fails to enter judgment in confonnity 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. 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 SIRVA or any other injwy or petitioner's current condition, or that petitioner suffered an injury contained in the Vaccine 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 4 Case 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 Page 7 of 8 Respectfully submitted, PETITIONER: ~i~ KIMBERLY K. VOGLEMAN ATIORNEYOFRECORDFOR AUTHORIZED REPRESENTATIVE PETITIONER: OF THE ATTORNEY GENERAL: ~ k .4&~\i A>e-1 t,,,U~ AMY A. SENERTH HEATHER L. PEARLMAN MULLER BRAZIL Deputy Director 715 Twining Road, Suite 208 Torts Branch Dresher, PA 19025 Civil Division (215) 885-1655 U.S.DeparttnentofJustice Email: amy@myvaccinelawyer.com 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: Jeffrey 5. ~Ln:'!~tledt>-JJeffrey Beach -S for :~~~024,09.2319:53:52 CAPT GEORGE REED GRIMES, MD, MPH Director, Division of Injury Trial Attorney Compensation Programs Torts Branch Health Systems Bureau Civil Division Health Resources and Services U.S.DepartmentofJustice Administration P.O. Box 146 U.S. Department of Health Benjamin FrankJin Station and Human Services Washington, DC 20044-0146 5600 Fishers Lane, 08W-25A (202) 451-7499 Rockville, MD 20857 Email: Nina.Ren@usdoj.gov 1°/tf li Dated: 5 Case 1:21-vv-00226-UNJ Document 44 Filed 11/08/24 Page 8 of 8 Vlneslgn - -- - -- - - - ..,/ Verification Complete 1r.. ...• do<1,,,'t:"t t1:.1> t,i;c11 off t.ttill/ .-~nfied. Docllment SCatuJI ¥' Signed & Verified Docvment H.lffl4t Stlpulatlan • Vo,leman S4ndet' Name Muller llraZIJ Doc:ullMftt«.)' EAE!)5126-M00-481""9994-B105059A6868 lleclpllftt 1 "'~ Kimberly Voglffll,m 69.17<4.153.SO lfflyV0&leman (ldmberly.\lOSl,manCPyahoo.com) UTC Vogleman Ootument Viewed 4 09l26/2024 17:17 Klmbetty Sfflt out Illa text lo l