VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00244
Package ID: USCOURTS-cofc-1_21-vv-00244
Petitioner: Sarah Tamayo
Filed: 2021-01-07
Decided: 2023-10-23
Vaccine: influenza
Vaccination date: 2020-01-22
Condition: shoulder injury related to vaccine administration
Outcome: compensated
Award amount USD: 65698

AI-assisted case summary:
Sarah Tamayo filed a petition for vaccine compensation on January 7, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on January 22, 2020. She claimed the vaccine was administered in the United States, that her injury was either a Table injury or caused in fact by the vaccine, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this injury. Respondent denied that Ms. Tamayo sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these contested positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms. Tamayo a lump sum of $698.75 to reimburse a Medicaid lien for services rendered by The Rawlings Company LLC, and an additional lump sum of $65,000.00 for all remaining damages. This award represents a compromise of the parties' respective positions on liability and damages.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00244-0
Date issued/filed: 2023-10-23
Pages: 8
Docket text: PUBLIC DECISION (Originally filed: 09/21/2023) regarding 47 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00244-UNJ Document 51 Filed 10/23/23 Page 1 of 8
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-244V
SARAH TAMAYO, Chief Special Master Corcoran
Petitioner, Filed: September 21, 2023
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jeffrey S. Pop, Jeffrey S. Pop & Associates, Beverly Hills, CA, for Petitioner.
Rachelle Bishop, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 7, 2021, Sarah Tamayo 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”) as a result of an influenza (“flu”) vaccine administered on
January 22, 2020. Petition at 1; Stipulation, filed at September 19, 2023, ¶¶ 1, 2. Petitioner
further alleges that the vaccine was administered within the United States, that she
sustained an injury within the time period set forth in the Vaccine Injury Table or that her
injury was caused in fact by the vaccine, that she experienced the residual effects of her
condition 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 injury. Petition at 1-3;
Stipulation at ¶¶ 3-6. Respondent denies that Petitioner sustained a SIRVA Table injury;
denies that the vaccine caused Petitioner’s alleged shoulder injury, or any other injury;
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-00244-UNJ Document 51 Filed 10/23/23 Page 2 of 8
and denies that her current condition is a sequela of a vaccine-related injury. Stipulation
at ¶ 6.
Nevertheless, on September 19, 2021, 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. A lump sum of $698.75, which amount represents reimbursement for a Medicaid
lien for services rendered to petitioner by The Rawlings Company LLC3, in the form
of a check payable jointly to petitioner and
The Rawlings Company LLC
ATTN: Tyler Creech
P.O. Box 2000
La Grange, Kentucky 40031-2000
Reference No. 124232479
File No. 22IAM0300221
b. A lump sum of $65,000.00 in the form of a check payable to petitioner. This amount
represents compensation for all remaining damages that would be available under
42 U.S.C. § 300aa-15(a).
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
3 Petitioner agrees to endorse this check to The Rawlings Company LLC.
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-00244-UNJ Document 51 Filed 10/23/23 Page 3 of 8
IN THE UNITED ST ATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
SARAH TAMA YO,
Petitioner, No. 21-244V
Chief Special Master Corcoran
V. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Sarah Tamayo ("petitioner"), filed a petition for vaccine compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l Oto -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. § l 00.3(a)
2. Petitioner received a flu vaccine on January 22, 2020.
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. In the alternative, petitioner alleges that
the flu vaccination caused in fact her injuries. She further alleges that she experienced the
residual effects of this condition for more than six months.

Case 1:21-vv-00244-UNJ Document 51 Filed 10/23/23 Page 4 of 8
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.
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
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 of judgment 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-2 l (a)(l ), the Secretary of Health and Human Services will issue
the following vaccine compensation payments:
a. A lump sum of $698.75, which amount represents reimbursement for a Medicaid
lien for services rendered to petitioner by The Rawlings Company LLC, in the
form of a check payable jointly to petitioner and
The Rawlings Company LLC
ATTN: Tyler Creech
P.O. Box 2000
La Grange, Kentucky 40031-2000
Reference No. I 242324 79
File No. 22IAM030022 l
Petitioner agrees to endorse this check to The Rawlings Company LLC.
b. A lump sum of $65,000.00 in the fonn of a check payable to petitioner. This
amount represents compensation for all remaining damages that would be
available under 42 U.S.C. § 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
2

Case 1:21-vv-00244-UNJ Document 51 Filed 10/23/23 Page 5 of 8
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 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-I 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 of the Social Security Act (42 U.S.C.
§ 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
I I. Payments 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-I 5(i), subject
to the availability of sufficient statutory funds.
I 2. The parties and their attorneys further agree and stipulate that, except for any award
for attorney's 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-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
I 3. 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 all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
3

Case 1:21-vv-00244-UNJ Document 51 Filed 10/23/23 Page 6 of 8
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, the flu vaccination administered on January 22, 2020, as
alleged in a petition for vaccine compensation filed on January 7, 2021, in the United States
Court of Federal Claims as petition No. 21-244V.
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 Chief Special Master fails to issue a decision in complete conformity 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 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
4

Case 1:21-vv-00244-UNJ Document 51 Filed 10/23/23 Page 7 of 8
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged injury or
any other injury or her current disabilities, 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
5

Case 1:21-vv-00244-UNJ Document 51 Filed 10/23/23 Page 8 of 8
Respectfully submitted,
PETITIONER:
~
SARAHTAMAw~
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENTATIVE
PETITIONER: OF THE ATTORNEY GENERAL:
~~\L~~
HEATHER L. PEARLMAN
Jeffrey S. Pop and Associates Deputy Director
9150 Wilshire Blvd., Suite 241 Torts Branch
Beverly Hills, California 90212-3429 Civil Division
Tel: (310) 273-5462 U.S. Department of Justice
E-mail: jpop@poplawyer.com P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0146
AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR
OFTHESECRETARYOFIIEALffl RESPONDENT:
AND HUMAN SERVICES:
Henry P C>l9lt1Uy signed by Hen,y P.
• Mcmlllin-S3
by Mcmillan -S3 :i:o~u.oe.so131
'"'
CDR GEORGE REED GRIMES, MD, MPH ~ BIS~
Director, Division of Injury Trial Attorney
Compensation Programs Torts Branch
Health Systems Bureau Civil Division
Health Resources and Services U.S. Department of Justice
Administration P.O. Box 146
U.S. Department of Health Benjamin Franklin Station
and Human Services Washington, DC 20044-0146
5600 Fishers Lane, 08N146B Tel: (202) 616-3662
Rockville, MD 208S7 E-mail: Rachelle.P .Bishop@usdoi.gov
Dated: t\ I \Q 11.~
6