VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00332
Package ID: USCOURTS-cofc-1_21-vv-00332
Petitioner: Leslie Hendricks
Filed: 2021-01-08
Decided: 2024-07-23
Vaccine: influenza
Vaccination date: 2018-01-29
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 33000

AI-assisted case summary:
Leslie Hendricks filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 29, 2018. She further alleged residual effects from the injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury, and denied that the flu vaccine caused her current condition or disabilities. Despite these denials, the parties filed a joint stipulation on June 18, 2024, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation as the decision, awarding Leslie Hendricks a lump sum of $33,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the parties stipulated to the award amount, which covers all damages. The decision was issued on July 23, 2024.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_21-vv-00332-0
Date issued/filed: 2024-07-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 06/18/2024) regarding 54 DECISION Stipulation/Proffer. Signed by Chief Special Master Brian H. Corcoran. (tlf) Service on parties made.
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Case 1:21-vv-00332-UNJ Document 58 Filed 07/23/24 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 21-0332V
LESLIE HENDRICKS, Chief Special Master Corcoran
Petitioner, Filed: June 18, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for Petitioner.
Jamica Marie Littles, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION ON JOINT STIPULATION1
On January 8, 2021, Leslie Hendricks 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”) following an influenza vaccination she received on January 29,
2018. Amended Petition at 1; Stipulation, filed at June 18, 2024, ¶¶ 2, 4. Petitioner further
alleges that she has suffered the residual effects of her vaccine-related injury for more
than six months. Petition at ¶ 75; Stipulation at ¶ 4. “Respondent denies that Petitioner
sustained a SIRVA Table injury; denies that the flu vaccine caused her alleged shoulder
injury, and further denies that the flu vaccine caused Petitioner’s current condition or
disabilities.” Stipulation at ¶ 6.
Nevertheless, on June 18, 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.
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-00332-UNJ Document 58 Filed 07/23/24 Page 2 of 7
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $33,000.00 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-00332-UNJ Document 58 Filed 07/23/24 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
LESLIE HENDRICKS,
Petitioner, No. 21-332V
Chief Special Master Corcoran
v. ECF
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
STIPULATION
The parties hereby stipulate to the following matters:
1. Leslie Hendricks ("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 influenza (. . flu") vaccine, which is a vaccine that is contained in the Vaccine Injury Table
(the .. Table"), 42 C.F.R. § 100.3(a)
2. Petitioner received a flu vaccine on January 29, 2018.
3. The vaccine was administered within the United States.
4. Petitioner alleges that she suffered a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. Petitioner further alleges that she
suffered the residual effects of the alleged injury 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 the alleged injury.

Case 1:21-vv-00332-UNJ Document 58 Filed 07/23/24 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the flu
vaccine caused her alleged shoulder injury, and further denies that the flu vaccine caused
petitioner's current condition or disabilities.
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-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment for aJl damages that would be available under 42
U.S.C. § 300aa-15(a):
A lump sum of $33,000.00 in the fonn of a check payable to petitioner. This amount
represents 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.
l 0. Petitioner and petitioner's 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,
2

Case 1:21-vv-00332-UNJ Document 58 Filed 07/23/24 Page 5 of 7
Federal or State health benefits programs (other than Title XlX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.
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-l 5(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 attorney's 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-15(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l5(g) and (h).
J3 . In return for the payments described in paragraphs 8 and 9, petitioner, in petitioner's
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-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 29, 2018, as
alleged in a petition for vaccine compensation filed on or about January 8, 2021, in the United
States Court of Federal Claims as petition No. 21-332V.
3

Case 1:21-vv-00332-UNJ Document 58 Filed 07/23/24 Page 6 of 7
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 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
Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged shoulder
injuries or any other injuries or her 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-00332-UNJ Document 58 Filed 07/23/24 Page 7 of 7
R~spt:dfully submitted,
PETITIONER:
,1\U)J.v } ~
LESLIE HENDRlCKS
ATTORNEY OF RECORD A l!THORIZED REPRESENTATIVE
FOR PETITIONER: 01-' THE ATTORNEY GENERAL:
*~L; trdxf::tf:1:;~ ~h::kLu.~P<,,
1 Mlle::-,.
llEATHER L. PEARLMAN -
Attorney for Petitioner Deputy Dircclor
Conway I Jomcr. P.C. Torts Brnnch
16 Shawmut Street Civil Division
Boston, MA 021 I 6 U.S. Department or Justice
Tel: (617) 695-1990 P.O. Box 146
Fax: (617) 695-0880 Benjamin Franklin Station
Email: rhomer@ccandh.com Washing.ton, DC 20044-0146
AUTHORIZED REPRESENTATIVE A TTOR~EY OF RECORD FOR
OF THE SECRETARY OF HEALT H RESPONDENT:
AND HU:YIAN SERVICES:
George R. Grimes
Oi91tallp19ncdbyGeor9eR. C
G,im~s-S14
• $ 14
Date 20240S, 13 I 3'16 11·0400'
CDR GEORGE REED GRIMES, MD, MPH
Director. Division of Injury nl Attorney
Compensation Programs Torts Brnnch
Health Systeml- Bun:ali Civil Division
H~alth Resources and St:rviccs U.S. Department of Justice
Administration P.O. Bo>- 146
U.S. Department of Health Benjamin Franklin Station
and I luman Services Washington, DC 20044-0146
5600 fishers Lane, 08W-25A Tel: (202) 305-4014
Rockville, MO 20857 Email: jamica.m.littles@usdoj.gov
Dated: